CITES (the Convention
on International Trade in Endangered Species of Wild
Fauna and Flora) is an international agreement between
governments. Its aim is to ensure that international
trade in specimens of wild animals and plants does
not threaten their survival.
Widespread information
nowadays about the endangered status of many prominent
species, such as the tiger and elephants, might make
the need for such a convention seem obvious. But at
the time when the ideas for CITES were first formed,
in the 1960s, international discussion of the regulation
of wildlife trade for conservation purposes was something
relatively new. With hindsight, the need for CITES
is clear.
Annually, international
wildlife trade is estimated to be worth billions of
dollars and to include hundreds of millions of plant
and animal specimens. The trade is diverse, ranging
from live animals and plants to a vast array of wildlife
products derived from them, including food products,
exotic leather goods, wooden musical instruments,
timber, tourist curios and medicines. Levels of exploitation
of some animal and plant species are high and the
trade in them, together with other factors, such as
habitat loss, is capable of heavily depleting their
populations and even bringing some species close to
extinction. Many wildlife species in trade are not
endangered, but the existence of an agreement to ensure
the sustainability of the trade is important in order
to safeguard these resources for the future.
Because the trade
in wild animals and plants crosses borders between
countries, the effort to regulate it requires international
cooperation to safeguard certain species from over-exploitation.
CITES was conceived in the spirit of such cooperation.
Today, it accords varying degrees of protection to
more than 30,000 species of animals and plants, whether
they are traded as live specimens, fur coats or dried
herbs.
CITES was drafted
as a result of a resolution adopted in 1963 at a meeting
of members of IUCN (The World Conservation Union).
The text of the Convention was finally agreed at a
meeting of representatives of 80 countries in Washington
DC., United States of America, on 3 March 1973, ,
and on 1 July 1975 CITES entered in force. The original
of the Convention was deposited with the Depositary
Government in the Chinese, English, French, Russian
and Spanish languages, each version being equally
authentic.
CITES is an international
agreement to which States (countries) adhere voluntarily.
States that have agreed to be bound by the Convention
('joined' CITES) are known as Parties. Although CITES
is legally binding on the Parties – in other words
they have to implement the Convention – it does not
take the place of national laws. Rather it provides
a framework to be respected by each Party, which has
to adopt its own domestic legislation to ensure that
CITES is implemented at the national level.
For many years CITES
has been among the conservation agreements with the
largest membership, with now 169 Parties.
Convention on International
Trade in Endangered Species of Wild Fauna and Flora
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 transhipment 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 non-governmental 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
sub-paragraphs (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 inter-governmental
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 sub-paragraph (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 sub-paragraphs (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 sub-paragraph (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 sub-paragraph (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.
Signed at Washington,
D.C., on 3 March 1973
Amended at Bonn, on 22 June 1979 |