Legal Document
STATUTORY INSTRUMENT NO. 61 OF 2007
The Zambia Wildlife Act
(Act No. 12 of 1998)
The Zambia Wildlife (International Trade
in Endangered Species of Wild Fauna and Flora)
Regulations, 2007
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
Regulation
1. Title
2. Interpretation
3. Prohibition of import, export, etc of specimen of species
4. Burden of proof
5. Extent of application
PART II
ADMINISTRATION
6. Designation of appropriate authority
7. Functions of Management Directorate
8. Functions of Scientific Directorate
PART III
CONDITIONS FOR INTERNATIONAL TRADE
9. Facilitation of international trade
10. Designation of ports of entry and exit
11. Export
12. Export permit
13. Import permit
14. Re-export
15. Introduction from sea
16. Validity of permits and certificate
17. Cancellation of permit or certificate
18. Permit not transferrable
19. Additional information
20. Grant of permit or certificate
21. Revocation of permit or certificate
22. Phytosanitary certificate
23. Invalidity of permit
24. Appeal against decision of Management Directorate
PART IV
REGISTRATION AND MARKING
25. Application for registration
26. Cancellation of registration
27. Prohibition of trading of specimens of animal species
28. Tagging of certain animal skins
29. Registration of specimens
PART V
EXEMPTIONS AND SPECIAL PROCEDURES
30. Transit and transhipment
31. Pre-Convention Certificate
32. Personal and household effects
33. Specimens born and bred in captivity or artificially propagated
34. Scientific exchange
35. Travelling exhibitions
36. Confiscation, disposal, etc of illegally obtained specimens
37. Prohibition of importation, etc of invasive alien species
38. Costs for seizure
PART VI
OFFENCES AND PENALTIES
39. Offences and penalties
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
IN EXERCISE of the powers contained in sections one hundred and thirteen and one hundred and forty-four of the Zambia Wildlife Act, 1998, and in consultation with the Minister responsible for trade and industry and the Minister responsible for veterinary services, the following Regulations are hereby made:
PART I
PRELIMINARY
1. These Regulations may be cited as the Zambia Wildlife (International Trade in Endangered Species of Wild Fauna and Flora) Regulations, 2007.
2. In these Regulations, unless the context otherwise requires—
“ Act ” means the Zambia Wildlife Act, 1998;
“ Appendix I ” means Column I of the First Schedule;
“ Appendix II ” means Column II of the First Schedule;
“artificially propagated” in relation to plants means plants grown under controlled conditions from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules that either are exempt or have been derived from cultivated parental stock;
“ Authority ” means the Zambia Wildlife Authority established under the Act;
“bred in captivity” in relation to an offspring or egg, means born or otherwise produced in a controlled environment of parents that mated or transmitted their gametes in a controlled environment;
“ certificate ” means the official document used by the Authority to authorise the re-export or introduction from the sea of any specimen of species;
“commercial purposes” means all purposes whose noncommercial aspects do not clearly predominate;
“ controlled conditions ” means in a non-natural environment that is intensively manipulated by human intervention for the purpose of plant production;
“ Conference of the Parties ” means the Conference of the Parties as referred to in Article XI of the Convention;
“ controlled environment ” means the environment that is manipulated for the purpose of producing animals of a particular species, that has boundaries designed to prevent animals, eggs or gametes of the species from entering or leaving the controlled environment, and the general characteristics of which may include but are not limited to, artificial housing, waste removal, health care, protection from predators and artificially supplied food;
“ Convention ” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, concluded in Washington, D.C. on 3rd March 1973, and as amended in Bonn on 22 June 1979, the text of which is set out in the Third Schedule;
“ country of origin ” means the country in which a specimen has been taken from the wild, born or bred in captivity, artificially propagated or introduced from the sea;
“ court ” means any court of competent jurisdiction;
“ cultivated parental stock ” means the ensemble of plants grown under controlled conditions that are used for reproduction, and which must have been, to the satisfaction of the designated authorities of the exporting country established in accordance with the provisions of the Convention and relevant national laws, in a manner not detrimental to the survival of the species in the wild and maintained in sufficient quantities for propagation so as to minimize or eliminate the need for augmentation from the wild, with such augmentation occurring only as an exception and limited to the amount necessary to maintain the vigour and productivity of the plants;
“ derivative ” in relation to an animal, plant or other organism, means any part, tissue or extract, of an animal, plant or other organism, whether fresh, preserved or processed, and any chemical compound derived from such part, tissue or extract;
“ domestic trade ” means any commercial activity, including, but not limited to, sale, purchase or manufacture, within Zambia;
“ enforcement officer ” means a wildlife officer, a police officer not below the rank of Assistant Inspector a customs officer or any other person authorised by the Authority to enforce these Regulations;
“export” means the act of taking any specimen out of any place under the jurisdiction of Zambia;
“import” means to land on or attempt to land on, bring into or introduce into, any place subject to the jurisdiction of Zambia other than any transit or transhipment of any specimen of species included in the First Schedule to these Regulations and the Appendix to the Convention;
“introduction from the sea” means transportation into Zambia of specimens of any species taken from any marine environment not under the jurisdiction of any country and the air space above the sea, sea-bed and subsoil beneath the sea;
“international trade” means the export, re-export, import or introduction from the sea of any specimen of species listed in the First Schedule;
“ invasive alien species ” means species introduced deliberately or unintentionally outside their natural habitats where they have the ability to establish themselves, invade, out compete natives and take over the new environments;
“ label ” means a piece of paper, card, or other material bearing the acronym “ CITES ’ and issued or approved by the Management Directorate for the identification of contents as herbarium specimens, preserved, dried or embedded museum specimens or live plant material for scientific study;
“ legal acquisition finding ” means a finding by the Management Directorate of the State of export determining whether specimens were acquired consistent with national laws;
“ Management Directorate” means the unit exercising the management authority relevant for purposes of the Convention;
“non-detriment finding ”means a finding by the Scientific Directorate advising that a proposed export or introduction from the sea of any specimen in the First Schedule will not be detrimental to the survival of the species and that a proposed import of any specimen in Column I of the First Schedule is not for purposes that would be detrimental to the survival of the species;
“ offering for sale ” includes advertising or causing to be advertised for sale or an invitation to negotiate;
“permit” means the official document used to authorise the import or export of specimens of species listed in the First Schedule to these Regulations and the Appendices to the Convention;
“personal or household effects” means specimens, parts or derivatives that belong to a private individual and that form or are intended to form part of the individual’s normal possessions;
“pre-Convention Certificate” means the certificate issued under regulation thirty-one;
“ quota ”means the prescribed number or quantity of specimens that can be harvested, exported or otherwise used over a specific period of time;
“ readily recognizable part or derivative ” includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of a species included in the First Schedule, unless such part or derivative is specifically exempted from the provisions of the Convention;
“ re-export ” the export of any specimen that has previously been imported;
“ Rescue Centre ” means an institution designated by the Authority to look after the welfare of living specimens, particularly those that have been confiscated;
“ Secretariat ” means the Secretariat of the Convention;
“ Scientific Directorate ” means the unit exercising the scientific authority relevant for purposes of the Convention;
“ sell ” includes to hire, barter or exchange;
“ species ” includes any species, subspecies, or geographically separate population thereof;
“ specimen ” means—
(a) any animal or plant, whether alive or dead of a species included in the First Schedule to these Regulations; and
(b) any part or derivative which appears from an accompanying document, the packaging or a mark or label or from any other circumstances, to be a part or derivative of an animal or plant of species included in the First Schedule to theseRegulations unless such part or derivative is specifically exempted from the provisions of these Regulations or the Convention;
“ tag ” means a piece of material for the identification of raw, tanned or finished crocodilian or leopard skin entering international trade from the country of origin;
“ transit ” means passage of a specimen across or through a country, that is neither its country of origin nor its country of destination; and
“ transhipment ” means the transfer of a specimen from one carrier or form of transport to another;
3. (1) A person shall not possess, export, re-export, import, introduce from the sea, transit or tranship any specimen of a species listed in the First Schedule to these Regulations otherwise than in accordance with these Regulations.
(2) Any person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years or to both.
5. These Regulations apply to an animal or plant species listed in the First Schedule to these Regulations.
PART II
ADMINISTRATION
6. (1) The Zambia Wildlife Authority is hereby designated as the management authority and scientific authority for purposes of these Regulations and the Convention.
(2) The Authority shall designate a directorate to exercise the management authority on the one hand and another directorate to exercise the scientific authority on the other hand.
(3) The Minister shall in the case of forestry species set out in the First Schedule designate an appropriate management authority and scientific authority for purposes of these Regulations and the Convention.
(4) The Minister responsible for fisheries shall in the case of fish species set out in the First Schedule designate an appropriate management authority and scientific authority for purposes of these Regulations and the Convention
7. The Management Directorate shall for purposes of these Regulations and the Convention —
(a) grant permits and certificates in accordance with these Regulations and the Convention;
(b) communicate with the Secretariat of the Convention and other countries on scientific, administrative, enforcement and other matters relating to the implementation of the Convention;
(c) maintain records of international trade in specimens, prepare an annual report concerning such trade, and submit the report to the Secretariat of the Convention by 31 October of the year following the year to which the report refers;
(d) prepare a biennial report on legislative, regulatory and administrative measures taken to enforce the Convention, and to submit the report to the Secretariat of the Convention by 31 October of the year following the two year period to which the report refers;
(e) coordinate the national implementation and enforcement of the Convention and these Regulations and co operate with other relevant authorities in this regard;
(f) consult with the Scientific Directorate on—
(i) the issuance and acceptance of any documents relevant for purposes of these Regulations and the Convention;
(ii) the nature and level of trade in listed species;
(iii) the setting and management of quotas;
(iv) the registration of traders and production operations;
(v) the establishment and management of Rescue Centres; and
(vi) the preparation of any proposals to amend the Appendices to the Convention;
(g) represent Zambia at national and international fora related to the Convention;
(h) create public awareness and provide training, education and information related to the Convention;
(i) advise the Minister on any action to be taken for the implementation and enforcement of the Convention;
(j) designate Rescue Centres for seized and confiscated living specimens; and
(k) undertake litigation on any matter under these Regulations; and
(l) do such things as are incidental to the carrying out of any of the functions hereof;
8. The Scientific Directorate shall for purposes of these Regulations and the Convention —
(a) advise the Management Directorate on whether or not a proposed export of a specimen of species listed in Column I or Column II of the First Schedule will be detrimental to the survival of the species involved;
(b) in the case of a proposed import of a specimen of a species in Column I of the First Schedule, advise the Management Directorate on whether or not the purposes of the import are detrimental to the survival of the species involved;
(c) in the case of a proposed import of a live specimen of a species listed in Column I of the First Schedule, advise the Management Directorate whether or not it is satisfied that the proposed recipient of the specimen is suitably equipped to house and care for it;
(d) monitor the export permits granted for specimens of species listed in Column II of the First Schedule, as well as the actual exports of such specimens, and advise the Management Directorate on suitable measures to be taken to limit the issue of export permits when the population status of a species so requires;
(e) advise the Management Directorate on the disposal of confiscated or forfeited specimens;
(f)advise the Management Directorate on any matter that it considers relevant for purposes of species protection; and
(g) perform any other functions relevant for purposes of these Regulations and the Convention.
(h) do such things as are incidental to the carrying out of any of the functions hereof;
PART III
CONDITION FOR INTERNATIONAL TRADE
9. The Authority and other relevant management authorities shall, as far as possible, ensure that specimens of the species listed in the First Schedule to these Regulations pass through the formalities required for trade with a minimum of delay.
10. (1) The Management Directorate shall designate ports of entry and ports of exit at which specimens shall be presented for clearance.
(2) The Management Directorate shall ensure that all living specimens, during any period of transit, holding or shipment, are cared for in such a manner as to minimize the risk of injury, damage to health or cruel treatment.
11. (1) A person shall not export any specimen of species included in the First Schedule without the prior grant and presentation of an export permit.
(2) An application for a permit to export shall be in Form I set out in the Second Schedule.
12. (1) The Management Directorate shall grant an export permit if the following conditions are met:
(a) the Management Directorate is satisfied that the specimen concerned has been legally acquired;
(b) the Management Directorate is satisfied that any living specimen will be prepared and shipped in accordance with the most recent edition of the Live Animals Regulations of the International Air Transport Association, regardless of the mode of transport, so as to safeguard the general well-being of the specimen and minimize the risk of injury to the specimen;
(c) in the case of a specimen of a species listed in the First Schedule, the Scientific Directorate has made a nondetriment finding and advised the Management Directorate accordingly; and
(d) in the case of specimens of species listed in the First Schedule, an import permit has been granted by the competent authority of the country of destination.
(2) An export permit shall be in Form II set out in the Second Schedule.
13. (1) A person shall not import any specimen of species included in Column I of the First Schedule without the prior grant and presentation of an import permit and an export permit or a reexport certificate.
(2) An application for a permit to import shall be in Form I set out in the Second Schedule.
(3) The Management Directorate shall grant an import permit if the following conditions are met:
(a) the Scientific Directorate advises that the import will be for purposes which are not detrimental to the survival of the species and is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it;
(b) in the case of any specimen of species in Column I of the First Schedule, the Management Directorate is satisfied that the specimen concerned is not to be used primarily for commercial purposes;
(c) the import of any specimen of species included in Column II of the First Schedule requires the prior presentation of an export permit or a re-export certificate.
(4) An import permit shall be in Form II set out in the Second Schedule.
14. (1) A person shall not re-export any specimen of species listed in Column I and Column II of the First Schedule without the prior grant and presentation of a re-export certificate.
(2) An application for a certificate to re-export shall be in Form I set out in the Second Schedule.
(3) The Management Directorate shall grant a re-export certificate if the following conditions are met:
(a) the Management Directorate is satisfied that any specimen to be re-exported was imported in accordance with the provisions of these Regulations;
(b) the Management Directorate is satisfied that any living specimen will be prepared and shipped in conformity with the most recent edition of the Live Animals Regulations of the International Air Transport Association, regardless of the mode of transport, so as to minimize the risk of injury, damage to health or cruel treatment; and
(c) in the case of any living specimen of species listed in the First Schedule, the Management Directorate is satisfied that an import permit has been granted.
(4) A certificate to re-export shall be in Form II set out in the Second Schedule.
15. (1) A person shall not introduce from the sea a specimen of a species listed in the First Schedule without the prior grant and presentation of a certificate of introduction from the sea.
(2) An application for a certificate under this regulation shall be in Form I set out in the Second Schedule.
(3) The Management Directorate shall grant a certificate of introduction from the sea if the following conditions are met:
(a) the Scientific Directorate advises that the introduction of any specimen will not be detrimental to the survival of the species;
(b) the Management Directorate is satisfied that any specimen of a species listed in Column I of the First Schedule is not to be used for primarily commercial purposes and that the proposed recipient of any living specimen is suitably equipped to house and care for it; and
(c) the Management Directorate is satisfied that any living specimen of a species listed in the First Schedule will be so handled as to safeguard the general well-being of the specimen and to minimize the risk of injury to the specimen.
16. (1) An export permit and re-export certificate is valid for a period of six months from its date of issue.
(2) An import permit for specimens of species included in the First Schedule is valid for a period of six months from its date of issue.
(3) A separate permit or certificate is required for each consignment of specimens.
17. The Management Directorate shall cancel and retain any used export permit and re-export certificate issued by any competent authority of a foreign State and any corresponding import permit in exchange for a certificate of ownership.
18. A permit or certificate is not transferable to a person other than the one named on the permit or certificate.
19. The Management Directorate may require an applicant for a permit or certificate to provide any additional information that it may require to determine whether or not to issue a permit or certificate.
20. The Management Directorate may grant or refuse to grant a permit or certificate, or grant a permit or certificate subject to such terms and conditions as it may determine.
21. (1) The Management Directorate may revoke or vary any permit or certificate if —
(a) the holder fails to comply with any terms or conditions of the permit or certificate;
(b) the permit or certificate was issued as a result of false or misleading statements by the applicant;
(c) the holder is convicted of an offence under the Act of these Regulations; or
(d) the holder contravenes any provision of these Regulations.
(2) The Management Directorate shall notify the holder of a permit or certificate in writing of the intention to revoke the permit or certificate and shall state the reasons for the revocation.
22. (1) An import of any specimen listed in the First Schedule shall require a sanitary or a phytosanitary certificate from the country of export or re-export.
(2) An export of any specimen of a species listed in the First Schedule shall require a sanitary and phytosanitary certificate.
23. (1) A permit or a certificate issued in contravention of the law of a foreign country, in violation of the Convention or contrary to the Resolutions of the Conference of the Parties to the Convention is invalid.
(2) A permit or certificate is invalid if the permit holder fails to comply with any condition attached to the permit or certificate.
24. (1) Any person aggrieved with any decision of the Management Directorate regarding an application for a permit or certificate or the revocation of a permit or certificate may appeal to the Authority within thirty days of the decision of the Management Directorate.
(2) Any person aggrieved with the decision of the Authority may within thirty days of the decision appeal to the High Court.
PART IV
REGISTRATION AND MARKING
25. (1) Any person intending to import, export or re-export any specimens of any species listed in the First Schedule shall register with the Management Directorate on Form I set out in the Second Schedule.
(2) A person intending to produce captive bred animals and artificially propagated plants for commercial trade purposes of any species listed in the First Schedule shall register with the Management Directorate in Form I set out in the Second Schedule.
(3) A person registered with the Management Directorate for captive breeding of animals or artificial propagation of plants shall keep records of their stock and of any transactions.
(4) The Management Directorate shall inspect the premises and records of any person registered with the Management Directorate at such time as it may determine.
26. The Management Directorate shall cancel any registration if the conditions for registration are not complied with.
27. Specimens of animal species listed in the First Schedule bred in captivity shall not be traded unless they originate from a breeding operation registered by the Management Directorate, and have been individually and permanently marked in a manner so as to render alteration or modification by unauthorised persons as difficult as possible.
28. (1) The possession of all specimens listed in the First Schedule shall be registered with the Management Directorate.
(2) Notwithstanding any law relating to the adducing of evidence, the burden of proof of any possession of a specimen of a species listed in the First Schedule to these Regulations lies with the possessor of the specimen.
29. (1) Crocodile and leopard skins shall be tagged with tags authorised and purchased by the Authority.
(2) The Authority shall purchase the tags referred to under subregulation (1) from a dealer authorised or approved in accordance with the Convention.
PART V
EXEMPTIONS AND SPECIAL PROCEDURES
30. (1) Subject to subregulation (2), the Management Directorate shall not require any additional permit or certificate where a specimen is in transit or transhipment through Zambia .
(2) An enforcement officer may inspect a specimen in transit or transhipment to ensure that it is accompanied by the appropriate documentation for purposes of these Regulations and the Convention.
31. (1) A person may apply for a pre-Convention Certificate in Form I set out in the Second Schedule.
(2) The Management Directorate shall issue a pre-Convention Certificate where it is satisfied that a specimen of a species was acquired—
(a) before the provisions of the Convention became applicable to that species;
(b) before a State Party to the Convention joined the Convention;
(c) before the species became listed in the Appendices to the Convention; or
(d) pursuant to a State Party’s national legislation that has more strict provisions than the Convention.
32. (1) No document is required if the country of export does not implement the provisions of Part III of these Regulations to specimens, parts or derivatives of species listed in the First Schedule which are personal or household effects being introduced into Zambia.
(2) Part III applies to specimens, parts and derivatives of the species listed in the First Schedule.
33. Any specimens of species listed in Column I of the First Schedule that have been born and bred in captivity or artificially propagated shall be treated in accordance with the provisions applicable to specimens of species listed in that Column.
34. A permit or certificate is not required in the case of noncommercial loans, donations and exchanges between scientific institutions registered by the Management Directorate, of herbarium specimens, other preserved or dried or embedded museum specimens, and live plant material which carry a label issued or approved by the Management Directorate.
35. The Management Directorate may waive the requirement of an import or export permit or re-export certificate and allow the movement of specimens which form part of a traveling zoo, circus, managerie, plant exhibition or other traveling exhibition:
Provided that—
(a) an exporter or importer registers full details of the specimens with the Management Directorate;
(b) the specimens are covered by a Pre-Convention certificate or a certificate showing that they were bred in captivity or artificially propagated;
(c) the Management Directorate is satisfied that any living specimen will be transported and cared for in such a manner as to minimize the risk of injury, damage to health or cruel treatment; and
(d) all imports shall require a sanitary or a phytosanitary certificate from the country of export or re-export.
36. (1) An enforcement officer may, where any specimen is imported contrary to these Regulations—
(a) re-export the specimen;
(b) take the specimen into a Rescue Centre; or
(c) dispose of the specimen if it is likely to cause any harm to the environment, plant, animal or human health.
(2) The Authority shall determine the terms and conditions under which any specimen may be kept or maintained at a Rescue Centre.
37. (1) A person shall not import any feral or invasive alien species into Zambia.
(2) A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years, or to both.
(3) An enforcement officer shall, where an invasive alien species or feral is introduced into Zambia contrary to these Regulations—
(a) dispose of the species in such manner as the Authority may determine;
(b) re-export the species within seven days of the introduction at the cost of the importer; or
(c) detain the species under such terms and conditions as the Authority may determine.
(4) In this Regulation, “ feral ” means an animal that has escaped from domestication and returned to the wild state.
38. (1) The costs, expenses and responsibility for any action, seizure, custody of, the transportation and disposal of specimens or maintaining a live animal or plant shall be recoverable from the offender.
(2) In addition to any other penalty that may be imposed, a court may require compensation from a convicted offender or bar a convicted offender from possessing certain species or trading in or producing such species for a certain period of time.
(3) Any person convicted of an offence under these Regulations shall bear the cost equivalent to the value of the species or the rehabilitation measures for any environmental harm caused.
PART VI
OFFENCES AND PENALTIES
39. (1) A person commits an offence who —
(a) imports, exports, re-exports, introduces from the sea, or attempts to import, export, re-export or introduce from the sea, any specimen of a species listed in the First Schedule to these Regulations without a permit or certificate;
(b) forges, defaces or alters a permit or certificate;
(c) contravenes or fails to comply with any terms or conditions of a permit or certificate;
(d) has in that person’s possession or under the person’s control, or offers or exposes for sale or display to the public, any specimen of a species listed in the First Schedule to these Regulations which is illegally acquired;
(e) on being required to do so, fails or refuses to produce to an enforcement officer or other authorised person a permit, certificate or other documents relevant for purposes of this Act;
(f) fails or refuses without reasonable cause to give information to an enforcement officer when required to do so;
(g) knowingly or recklessly gives false or incomplete information for purposes of obtaining a permit or certificate or other requirement;
(h) for the purpose of obtaining whether for that person or any other person, the issue of a permit or certificate, makes a declaration or statement which that person knows to be false in any material particular or does not know or believe to be true or knowingly makes use of a declaration, statement or document containing the same;
(i) assaults, resists, intimidates, wilfully obstructs, impedes or hinders an enforcement officer in the carrying out of the officer’s duties under these Regulations; or
(j)alters, defaces or erases a mark used by the Management Directorate to identify specimens.
(2) A person convicted of an offence under sub-regulation (1) is liable—
(a) for a contravention of paragraphs (f), (g) and (h), to a fine not exceeding thirty thousand penalty units or to imprisonment for a period not exceeding three years, or to both;
(b) for any other offence and an offence involving species included in the First Schedule, to a fine not exceeding fifty thousand penalty units, or to imprisonment for a term not exceeding five years, or to both; and
(c) in the case of a continuing offence, an additional penalty not exceeding a fine of five thousand penalty units for each day that the offence continues and on each count.
(3) A court convicting a person of an offence under these Regulations may, in addition to any other penalty imposed, revoke the permit or certificate or order that anything used in or acquired through the perpetration of the offence be forfeited to the Authority.
(4) Where an offence is committed by a body corporate with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, the director, manager, secretary or other officer is, upon conviction, liable to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years, or to both.
FIRST SCHEDULE
(Regulations 8,11,13 and 14)
1 Populations of Botswana, Namibia and South Africa (listed in Appendix II):
For the exclusive purpose of allowing:
1) trade in hunting trophies for non-commercial purposes;
2) trade in live animals for in situ conservation programmes;
3) trade in hides;
4) trade in leather goods for non-commercial purposes for Botswana; for commercial or noncommercial purposes for Namibia and South Africa;
5) trade in hair for commercial or non-commercial purposes for Namibia;
6) trade in individually marked and certified ekipas incorporated in finished jewellery for noncommercial purposes for Namibia; and
7) trade in registered raw ivory (for Botswana and Namibia, whole tusks and pieces; for South Africa, whole tusks and cut pieces of ivory that are both 20 cm or more in length and 1 kg or more in weight) subject to the following:
i) only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin) and, in the case of South Africa, only ivory originating from the Kruger National Park);
ii) only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. CoP12) concerning domestic manufacturing and trade;
iii) not before the Secretariat has verified the prospective importing countries, and the MIKE programme has reported to the Secretariat on the baseline information (e.g. elephant population numbers, incidence of illegal killing);
iv) a maximum of 20,000 kg (Botswana), 10,000 kg (Namibia) and 30,000 kg (South Africa) of ivory may be traded, and despatched in a single shipment under strict supervision of the Secretariat; 330 Statutory Instruments 3rd August, 2007
v) the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; and
vi) only after the Standing Committee has agreed that the above conditions have been met. On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations.
All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.
2 Population of Zimbabwe (listed in Appendix II):
For the exclusive purpose of allowing:
1) export of hunting trophies for non-commercial purposes;
2) export of live animals to appropriate and acceptable destinations;
3) export of hides; and
4) export of leather goods and ivory carvings for non-commercial purposes.
All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly. To ensure that where a) destinations for live animals are to be appropriate and acceptable and/or b) the purpose of the import is to be non-commercial, export permits and re-export certificates may be issued only after the issuing Management Authority has received, from the Management Authority of the State of import, a certification to the effect that: in case a), in analogy to Article III, paragraph 3 (b) of the Convention, the holding facility has been reviewed by the competent Scientific Authority, and the proposed recipient has been found to be suitably equipped to house and care for the animals; and/or in case b), in analogy to Article III, paragraph 3 (c), the Management Authority is satisfied that the specimens will not be used for primarily commercial purposes.
3 Population of Argentina (listed in Appendix II):
For the exclusive purpose of allowing international trade in wool sheared from live vicuñas, in cloth, and in derived manufactured products and other handicraft artefacts. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words 'VICUÑA-ARGENTINA'. Other products must bear a label including the logotype and the designation 'VICUÑA-ARGENTINA-ARTESANÍA'.
All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.
4 Population of Bolivia (listed in Appendix II):
For the exclusive purpose of allowing international trade in: a) wool and products derived therefrom sheared from live animals of the populations of the Conservation Units of Mauri-Desaguadero, Ulla Ulla and Lípez-Chichas; and b) products made from wool sheared from live animals of the rest of the population of Bolivia. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words 'VICUÑA-BOLIVIA'. Other products must bear a label including the logotype and the designation 'VICUÑA-BOLIVIA-ARTESANÍA'.
All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.
5 Population of Chile (listed in Appendix II):
For the exclusive purpose of allowing international trade in wool sheared from live vicuñas, and in cloth and items made thereof, including luxury handicrafts and knitted articles. The reverse side 3rd August, 2007 Statutory Instruments 331 of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words 'VICUÑA-CHILE'. Other products must bear a label including the logotype and the designation 'VICUÑA-CHILE-ARTESANÍA'.
All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.
6 Population of Peru (listed in Appendix II):
For the exclusive purpose of allowing international trade in wool sheared from live vicuñas and in the stock extant at the time of the ninth meeting of the Conference of the Parties (November 1994) of 3249 kg of wool, and in cloth and items made thereof, including luxury handicrafts and knitted articles. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservación y Manejo de la Vicuña, and the selvages the words 'VICUÑA-PERÚ'. Other products must bear a label including the logotype and the designation 'VICUÑA-PERÚ-ARTESANÍA'.
All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.
7 Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the provisions of the Convention:
- Hatiora x graeseri
- Schlumbergera x buckleyi
- Schlumbergera russelliana x Schlumbergera truncata
- Schlumbergera orssichiana x Schlumbergera truncata
- Schlumbergera opuntioides x Schlumbergera truncata
- Schlumbergera truncata (cultivars)
- Cactaceae spp. colour mutants lacking chlorophyll, grafted on the following grafting stocks:
Harrisia 'Jusbertii', Hylocereus trigonus or Hylocereus undatus
- Opuntia microdasys (cultivars).
8 Artificially propagated specimens of hybrids of the genera Cymbidium, Dendrobium, Phalaenopsis and Vanda are not subject to the provisions of the Convention when:
1) the specimens are traded in shipments consisting of individual containers (i.e. cartons, boxes or crates) each containing 20 or more plants of the same hybrid;
2) the plants within each container can be readily recognized as artificially propagated specimens by exhibiting a high degree of uniformity and healthiness; and
3) the shipments are accompanied by documentation, such as an invoice, which clearly states the number of plants of each hybrid.
Artificially propagated specimens of the following hybrids:
- Cymbidium: Interspecific hybrids within the genus and intergeneric hybrids
- Dendrobium: Interspecific hybrids within the genus known in horticulture as "nobile-types" and "phalaenopsis-types"
- Phalaenopsis: Interspecific hybrids within the genus and intergeneric hybrids
- Vanda: Interspecific hybrids within the genus and intergeneric hybrids are not subject to the provisions of the Convention when:
1) they are traded in flowering state, i.e. with at least one open flower per specimen, with reflexed petals;
2) they are professionally processed for commercial retail sale, e.g. labelled with printed labels and packaged with printed packages;
3) they can be readily recognized as artificially propagated specimens by exhibiting a high degree of cleanliness, undamaged inflorescences, intact root systems and a general absence of damage or injury that could be attributable to plants originating in the wild;
4) the plants do not exhibit characteristics of wild origin, such as damage by insects or other animals, fungi or algae adhering to leaves, or mechanical damage to inflorescences, roots, leaves or other parts resulting from collection; and
5) the labels or packages indicate the trade name of the specimen, the country of artificial propagation or, in the case of international trade during the production process, the country where the specimen was labelled and packaged; and the labels or packages show a photograph of the flower, or demonstrate by other means the appropriate use of labels and packages in an easily verifiable way.
Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES documents.
9 Artificially propagated specimens of cultivars of Cyclamen persicum are not subject to the provisions of the Convention. However, the exemption does not apply to such specimens traded as dormant tubers.
10 Whole artificially propagated plants in pots or other small containers, each consignment being accompanied by a label or document stating the name of the taxon or taxa and the text 'artificially propagated', are not subject to the provisions of the Convention.
THIRD SCHEDULE
(Regulation 2)
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
Signed at Washington, D.C., on 3 March 1973
Amended at Bonn, on 22 June 1979
The Contracting States,
Recognizing that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come;
Conscious of the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreational and economic points of view;
Recognizing that peoples and States are and should be the best protectors of their own wild fauna and flora;
Recognizing, in addition, that international co-operation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade;
Convinced of the urgency of taking appropriate measures to this end; Have agreed as follows:
Article I
DEFINITIONS
For the purpose of the present Convention, unless the context otherwise requires:
(a) “Species” means any species, subspecies, or geographically separate population thereof;
(b) “Specimen” means:
(i) any animal or plant, whether alive or dead;
(ii) in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and
(iii) in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species;
(c) “Trade” means export, re-export, import and introduction from the sea;
(d) “Re-export” means export of any specimen that has previously been imported;
(e) “Introduction from the sea” means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;
(f) “Scientific Authority” means a national scientific authority designated in accordance with Article IX;
(g) “Management Authority” means a national management authority designated in accordance with Article IX;
(h) “Party” means a State for which the present Convention has entered into force.
Article II
FUNDAMENTAL PRINCIPLES
1. Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional circumstances.
2. Appendix II shall include:
(a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and
(b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control.
3. Appendix III shall include all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the co-operation of other Parties in the control of trade.
4. The Parties shall not allow trade in specimens of species included in Appendices I, II and III except in accordance with the provisions of the present Convention.
Article III
REGULATION OF TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX I
1. All trade in specimens of species included in Appendix I shall be in accordance with the
provisions of this Article.
2. The export of any specimen of a species included in Appendix I shall require the prior
grant and presentation of an export permit. An export permit shall only be granted when the
following conditions have been met:
(a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;
(b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora;
(c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and
(d) a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen.
3. The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate.
An import permit shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved;
(b) a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and
(c) a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.
4. The re-export of any specimen of a species included in Appendix I shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:
(a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention;
(b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and
(c) a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen.
5. The introduction from the sea of any specimen of a species included in Appendix I shall require the prior grant of a certificate from a Management Authority of the State of introduction.
A certificate shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved;
(b) a Management Authority of the State of introduction is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and
(c) a Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes.
Article IV
REGULATION OF TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX II
1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.
2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;
(b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and
(c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.
4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate.
5. The re-export of any specimen of a species included in Appendix II shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:
(a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and
(b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction.
A certificate shall only be granted when the following conditions have been met:
(a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and
(b) a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment.
7. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods.
Article V
REGULATION OF TRADE IN SPECIMENS OF SPECIES INCLUDED IN APPENDIX III
1. All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article.
2. The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:
(a) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and
(b) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
3. The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.
4. In the case of re-export, a certificate granted by the Management Authority of the State of re-export that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned.
Article VI
PERMITS AND CERTIFICATES
1. Permits and certificates granted under the provisions of Articles III, IV, and V shall be in accordance with the provisions of this Article.
2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted.
3 Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority.
4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon.
5. A separate permit or certificate shall be required for each consignment of specimens.
6. A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen.
7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes “mark” means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible.
Article VII
EXEMPTIONS AND OTHER SPECIAL PROVISIONS RELATING TO TRADE
1. The provisions of Articles III, IV and V shall not apply to the transit or transshipment of specimens through or in the territory of a Party while the specimens remain in Customs control.
2. Where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect.
3. The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where:
(a) in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or
(b) in the case of specimens of species included in Appendix II:
((i) they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred;
(ii) they are being imported into the owner’s State of usual residence; and
(iii) the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens; unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens.
4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II.
5. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Article III, IV or V.
6. The provisions of Articles III, IV and V shall not apply to the non-commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material which carry a label issued or approved by a Management Authority.
7. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that:
(a) the exporter or importer registers full details of such specimens with that Management Authority;
(b) the specimens are in either of the categories specified in paragraph 2 or 5 of this Article; and (c) the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimize the risk of injury, damage to health or cruel treatment.
Article VIII
MEASURES TO BE TAKEN BY THE PARTIES
1. The Parties shall take appropriate measures to enforce the provisions of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures:
(a) to penalize trade in, or possession of, such specimens, or both; and
(b) to provide for the confiscation or return to the State of export of such specimens.
2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention.
3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The Parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimize the risk of injury, damage to health or cruel treatment.
4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article:
(a) the specimen shall be entrusted to a Management Authority of the State of confiscation;
(b) the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other place as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and
(c) the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub-paragraph (b) of this paragraph, including the choice of a rescue centre or other place.
5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated.
6. Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover:
(a) the names and addresses of exporters and importers; and
(b) the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question.
7. Each Party shall prepare periodic reports on its implementation of the present Convention and shall transmit to the Secretariat:
(a) an annual report containing a summary of the information specified in sub-paragraph
(b) of paragraph 6 of this Article; and
(b) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention.
8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned.
Article IX
MANAGEMENT AND SCIENTIFIC AUTHORITIES
1. Each Party shall designate for the purposes of the present Convention:
(a) one or more Management Authorities competent to grant permits or certificates on behalf of that Party; and
(b) one or more Scientific Authorities.
2. A State depositing an instrument of ratification, acceptance, approval or accession shall at that time inform the Depositary Government of the name and address of the Management Authority authorized to communicate with other Parties and with the Secretariat.
3. Any changes in the designations or authorizations under the provisions of this Article shall be communicated by the Party concerned to the Secretariat for transmission to all other Parties.
4. Any Management Authority referred to in paragraph 2 of this Article shall, if so requested by the Secretariat or the Management Authority of another Party, communicate to it impression of stamps, seals or other devices used to authenticate permits or certificates.
Article X
TRADE WITH STATES NOT PARTY TO THE CONVENTION
Where export or re-export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party.
Article XI
CONFERENCE OF THE PARTIES
1. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention.
2. Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one third of the Parties.
3. At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may:
(a) make such provision as may be necessary to enable the Secretariat to carry out its duties, and adopt financial provisions;
(b) consider and adopt amendments to Appendices I and II in accordance with Article XV;
(c) review the progress made towards the restoration and conservation of the species included in Appendices I, II and III;
(d) receive and consider any reports presented by the Secretariat or by any Party; and
(e) where appropriate, make recommendations for improving the effectiveness of the present Convention.
4. At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article.
5. At any meeting, the Parties may determine and adopt rules of procedure for the meeting.
6. The United Nations, its Specialized Agencies and the International Atomic Energy Agency, as well as any State not a Party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote.
7. Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one-third of the Parties present object:
(a) international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and
(b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote.
Article XII
THE SECRETARIAT
1. Upon entry into force of the present Convention, a Secretariat shall be provided by the Executive Director of the United Nations Environment Programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-governmental or nongovernmental international or national agencies and bodies technically qualified in protection, conservation and management of wild fauna and flora.
2. The functions of the Secretariat shall be:
(a) to arrange for and service meetings of the Parties;
(b) to perform the functions entrusted to it under the provisions of Articles XV and XVI of the present Convention;
(c) to undertake scientific and technical studies in accordance with programmes authorized by the Conference of the Parties as will contribute to the implementation of the present Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens;
(d) to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention;
(e) to invite the attention of the Parties to any matter pertaining to the aims of the present Convention;
(f) to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices;
(g) to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request;
(h) to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature;
(i) to perform any other function as may be entrusted to it by the Parties.
Article XIII
INTERNATIONAL MEASURES
1. When the Secretariat in the light of information received is satisfied that any species included in Appendix I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorized Management Authority of the Party or Parties concerned.
2. When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the Party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorized by the Party.
3. The information provided by the Party or resulting from any inquiry as specified in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate.
Article XIV
EFFECT ON DOMESTIC LEGISLATION AND INTERNATIONAL CONVENTIONS
1. The provisions of the present Convention shall in no way affect the right of Parties to adopt:
(a) stricter domestic measures regarding the conditions for trade, taking, possession or transport of specimens of species included in Appendices I, II and III, or the complete prohibition thereof; or
(b) domestic measures restricting or prohibiting trade, taking, possession or transport of species not included in Appendix I, II or III.
2. The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Parties deriving from any treaty, convention, or international agreement relating to other aspects of trade, taking, possession or transport of specimens which is in force or subsequently may enter into force for any Party including any measure pertaining to the Customs, public health, veterinary or plant quarantine fields.
3. The provisions of the present Convention shall in no way affect the provisions of, or the obligations deriving from, any treaty, convention or international agreement concluded or which may be concluded between States creating a union or regional trade agreement establishing or maintaining a common external Customs control and removing Customs control between the parties thereto insofar as they relate to trade among the States members of that union or agreement.
4. A State party to the present Convention, which is also a party to any other treaty, convention or international agreement which is in force at the time of the coming into force of the present Convention and under the provisions of which protection is afforded to marine species included in Appendix II, shall be relieved of the obligations imposed on it under the provisions of the present Convention with respect to trade in specimens of species included in Appendix II that are taken by ships registered in that State and in accordance with the provisions of such other treaty, convention or international agreement.
5. Notwithstanding the provisions of Articles III, IV and V, any export of a specimen taken in accordance with paragraph 4 of this Article shall only require a certificate from a Management Authority of the State of introduction to the effect that the specimen was taken in accordance with the provisions of the other treaty, convention or international agreement in question.
6. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.
Article XV
AMENDMENTS TO APPENDICES I AND II
1. The following provisions shall apply in relation to amendments to Appendices I and II at meetings of the Conference of the Parties:
(a) Any Party may propose an amendment to Appendix I or II for consideration at the next meeting. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. The Secretariat shall consult the other Parties and interested bodies on the amendment in accordance with the provisions of subparagraphs
(b) and (c) of paragraph 2 of this Article and shall communicate the response to all Parties not later than 30 days before the meeting.
(b) Amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes “Parties present and voting” means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.
(c) Amendments adopted at a meeting shall enter into force 90 days after that meeting for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.
2. The following provisions shall apply in relation to amendments to Appendices I and II between meetings of the Conference of the Parties:
(a) Any Party may propose an amendment to Appendix I or II for consideration between meetings by the postal procedures set forth in this paragraph.
(b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult intergovernmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible.
(c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations.
(d) Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under sub-paragraph (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information.
(e) The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible. (f) If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of subparagraph
(e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.
(g) If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of subparagraphs (h) , (i) and (j) of this paragraph.
(h) The Secretariat shall notify the Parties that notification of objection has been received.
(i) Unless the Secretariat receives the votes for, against or in abstention from at least one-half of the Parties within 60 days of the date of notification under subparagraph
(h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration.
(j) Provided that votes are received from one-half of the Parties, the amendment shall be adopted by a two-thirds majority of Parties casting an affirmative or negative vote.
(k) The Secretariat shall notify all Parties of the result of the vote.
(l) If the proposed amendment is adopted it shall enter into force 90 days after the date of the notification by the Secretariat of its acceptance for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.
3. During the period of 90 days provided for by sub-paragraph (c) of paragraph 1 or subparagraph (l) of paragraph 2 of this Article any Party may by notification in writing to the Depositary Government make a reservation with respect to the amendment. Until such reservation is withdrawn the Party shall be treated as a State not a Party to the present Convention with respect to trade in the species concerned.
Article XVI
APPENDIX III AND AMENDMENTS THERETO
1. Any Party may at any time submit to the Secretariat a list of species which it identifies as being subject to regulation within its jurisdiction for the purpose mentioned in paragraph 3 of Article II. Appendix III shall include the names of the Parties submitting the species for inclusion therein, the scientific names of the species so submitted, and any parts or derivatives of the animals or plants concerned that are specified in relation to the species for the purposes of sub-paragraph (b) of Article I.
2. Each list submitted under the provisions of paragraph 1 of this Article shall be communicated to the Parties by the Secretariat as soon as possible after receiving it. The list shall take effect as part of Appendix III 90 days after the date of such communication. At any time after the communication of such list, any Party may by notification in writing to the Depositary Government enter a reservation with respect to any species or any parts or derivatives, and until such reservation is withdrawn, the State shall be treated as a State not a Party to the present Convention with respect to trade in the species or part or derivative concerned.
3. A Party which has submitted a species for inclusion in Appendix III may withdraw it at any time by notification to the Secretariat which shall communicate the withdrawal to all Parties. The withdrawal shall take effect 30 days after the date of such communication.
4. Any Party submitting a list under the provisions of paragraph 1 of this Article shall submit to the Secretariat a copy of all domestic laws and regulations applicable to the protection of such species, together with any interpretations which the Party may deem appropriate or the Secretariat may request. The Party shall, for as long as the species in question is included in Appendix III, submit any amendments of such laws and regulations or any interpretations as they are adopted.
Article XVII
AMENDMENT OF THE CONVENTION
1. An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one-third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes “Parties present and voting” means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.
2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting.
3. An amendment shall enter into force for the Parties which have accepted it 60 days after two-thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment.
Article XVIII
RESOLUTION OF DISPUTES
1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be subject to negotiation between the Parties involved in the dispute.
2. If the dispute can not be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision.
Article XIX
SIGNATURE
The present Convention shall be open for signature at Washington until 30th April 1973 and thereafter at Berne until 31st December 1974.
Article XX
RATIFICATION, ACCEPTANCE, APPROVAL
The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation which shall be the Depositary Government.
Article XXI
ACCESSION
The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.
Article XXII
ENTRY INTO FORCE
1. The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.
2. For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.
Article XXIII
RESERVATIONS
1. The provisions of the present Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Articles XV and XVI.
2. Any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to:
(a) any species included in Appendix I, II or III; or
(b) any parts or derivatives specified in relation to a species included in Appendix III.
3. Until a Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a Party to the present Convention with respect to trade in the particular species or parts or derivatives specified in such reservation.
Article XXIV
DENUNCIATION
Any Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.
Article XXV
DEPOSITARY
1. The original of the present Convention, in the Chinese, English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.
2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.
3. As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Convention.
Done at Washington this third day of March, One Thousand Nine Hundred and Seventy-three.
K. PANDE,
Minister of Tourism, Environment and
Natural Resources
LUSAKA
3rd August, 2007
[MTENR/101/21/3]
List Measures/Standards
| Name | Description | Status | Measures/Standards | Measure Class |
|---|---|---|---|---|
| Re-Export Certificate requirement for Wild Fauna and Flora | No person shall re-export any specimen of species (wild fauna and flora) listed in Column I and Column II of the First Schedule of Statutory Instrument No. 61 of 2007 without the prior grant and presentation of a re-export certificate. | Active | Measure | Goods |
| Export Permit requirement for Wild Fauna and Flora | No person shall export any specimen of species (wild fauna and flora) listed in Column I and Column II of the first schedule of Statutory Instrument No. 61 of 2007 without the prior grant and presentation of an export permit. | Active | Measure | Goods |
| Import Permit requirement for Wild Fauna and Flora | No person shall import any specimen of species (wild fauna and flora) listed in Column I and Column II of the first schedule of Statutory Instrument No. 61 of 2007 without the prior grant and presentation of an import permit. | Active | Measure | Goods |
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