CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (1973)

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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

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This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

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See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

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See the ENTRI query system for information about the status of this treaty.

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CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (1973); as amended 1979, and provisionally at Gaborone 30 Apr 1983 With Appendices (I and II, 16 Apr 93; III, 11 Jun 92) ENTRY INTO FORCE: 1 July 1975 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 cooperation is essential for the protection of certain species of wild fauna and flora against overexploitation 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, sub-species, or geographically separate population thereof; b) "Specimen" means: (i) an 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 subparagraph (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 purposes of preventing or restricting exploitation, and as needing the cooperation 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 reexport 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 reexport 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 certificates 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 trans-shipment 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 reexport 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 Articles 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 paragraphs 2 and 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, wherever 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, a CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (1973)

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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

Note: Related information and documentation is available from CITES.

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (1973); as amended 1979, and provisionally at Gaborone 30 Apr 1983 With Appendices (I and II, 16 Apr 93; III, 11 Jun 92) ENTRY INTO FORCE: 1 July 1975 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 cooperation is essential for the protection of certain species of wild fauna and flora against overexploitation 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, sub-species, or geographically separate population thereof; b) "Specimen" means: (i) an 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 subparagraph (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 purposes of preventing or restricting exploitation, and as needing the cooperation 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 reexport 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 reexport 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 certificates 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 trans-shipment 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 reexport 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 Articles 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 paragraphs 2 and 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, wherever 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 a 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 intergovernmental 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) t CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (1973)

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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

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        CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES 
            OF WILD FAUNA AND FLORA (1973); as amended 1979, 
                and provisionally at Gaborone 30 Apr 1983
           With Appendices (I and II, 16 Apr 93; III, 11 Jun 92)

ENTRY INTO FORCE: 1 July 1975

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 cooperation is essential for
the protection of certain species of wild fauna and flora against
overexploitation 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, sub-species, or geographically
      separate population thereof;

 b)   "Specimen" means:

      (i)   an 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 subparagraph
      (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 purposes of
preventing or restricting exploitation, and as needing the cooperation 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 reexport 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 reexport 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 certificates 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 trans-shipment of specimens through or in the territory of a
Party while the specimens re