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 |