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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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) 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 Appendices 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 Appendices 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 controls 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 and II for consideration between meetings by the postal procedures set forth in this paragraph. b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult intergovernmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible. c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendments, 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-paragraphs (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 new 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 cannot 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 30 April 1973 and thereafter at Berne until 31 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. [1. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention. 2. In their instruments of accession, such organizations shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Depositary Government of any substantial modification in the extent of their competence. Notifications by regional economic integration organizations concerning their competence with respect to matters governed by this Convention and modifications thereto shall be distributed to the Parties by the Depositary Government. 3. In matters within their competence, such regional integration organizations shall exercise the rights and fulfill the obligations which this Convention attributes to their Member States, which are Parties to the Convention. In such cases the Member States of the organizations shall not be entitled to exercise such rights individually. 4. In the fields of their competence, regional economic integration organizations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention. Such organizations shall not exercise their right to vote if their Member States exercise theirs, and vice versa. 5. Any reference to "Party" in the sense used in Article 1(h) of this Convention to "State"/"States" or to "State Party"/"States Parties" to the Convention shall be construed as including a reference to any regional economic integration organization having competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.]** ** The paragraphs in square brackets are an amendment to the Convention which was adopted at an extraordinary meeting of the Conference of the Parties in Gaborone (Botswana) on 30 April 1983. The amendment is not yet in force. It will enter into force when it has been formally accepted by 54 of the 80 States which were Parties to the Convention on that date. By August 1993 it had been accepted by 31 of those States. 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 approv CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (1973)

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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, 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) 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 Appendices 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 Appendices 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 controls 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 and II for consideration between meetings by the postal procedures set forth in this paragraph. b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult intergovernmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible. c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendments, 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-paragraphs (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 new 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 cannot 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 30 April 1973 and thereafter at Berne until 31 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. [1. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention. 2. In their instruments of accession, such organizations shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Depositary Government of any substantial modification in the extent of their competence. Notifications by regional economic integration organizations concerning their competence with respect to matters governed by this Convention and modifications thereto shall be distributed to the Parties by the Depositary Government. 3. In matters within their competence, such regional integration organizations shall exercise the rights and fulfill the obligations which this Convention attributes to their Member States, which are Parties to the Convention. In such cases the Member States of the organizations shall not be entitled to exercise such rights individually. 4. In the fields of their competence, regional economic integration organizations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention. Such organizations shall not exercise their right to vote if their Member States exercise theirs, and vice versa. 5. Any reference to "Party" in the sense used in Article 1(h) of this Convention to "State"/"States" or to "State Party"/"States Parties" to the Convention shall be construed as including a reference to any regional economic integration organization having competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.]** ** The paragraphs in square brackets are an amendment to the Convention which was adopted at an extraordinary meeting of the Conference of the Parties in Gaborone (Botswana) on 30 April 1983. The amendment is not yet in force. It will enter into force when it has been formally accepted by 54 of the 80 States which were Parties to the Convention on that date. By August 1993 it had been accepted by 31 of those States. 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, 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. **************************** CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA APPENDICES I AND II as adopted by the Conference of the Parties, valid as of 16 April 1993 INTERPRETATION 1. Species included in these appendices are referred to: a) by the name of the species; or b) as being all of the species included in a higher taxon or designated part thereof. 2. The abbreviation "spp." is used to denote all species of a higher taxon. 3. Other references to taxa higher than species are for the purposes of information or classification only. 4. The abbreviation "p.e." is used to denote species that are possibly extinct. 5. An asterisk (*) placed against the name of a species or higher taxon indicates that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix I and are excluded from Appendix II. 6. Two asterisks (**) placed against the name of a species or higher taxon indicate that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix II and are excluded from Appe CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (1973)

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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, 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) 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 Appendices 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 Appendices 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 controls 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 and II for consideration between meetings by the postal procedures set forth in this paragraph. b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult intergovernmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible. c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendments, 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-paragraphs (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 new 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 cannot 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 30 April 1973 and thereafter at Berne until 31 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. [1. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention. 2. In their instruments of accession, such organizations shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Depositary Government of any substantial modification in the extent of their competence. Notifications by regional economic integration organizations concerning their competence with respect to matters governed by this Convention and modifications thereto shall be distributed to the Parties by the Depositary Government. 3. In matters within their competence, such regional integration organizations shall exercise the rights and fulfill the obligations which this Convention attributes to their Member States, which are Parties to the Convention. In such cases the Member States of the organizations shall not be entitled to exercise such rights individually. 4. In the fields of their competence, regional economic integration organizations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention. Such organizations shall not exercise their right to vote if their Member States exercise theirs, and vice versa. 5. Any reference to "Party" in the sense used in Article 1(h) of this Convention to "State"/"States" or to "State Party"/"States Parties" to the Convention shall be construed as including a reference to any regional economic integration organization having competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.]** ** The paragraphs in square brackets are an amendment to the Convention which was adopted at an extraordinary meeting of the Conference of the Parties in Gaborone (Botswana) on 30 April 1983. The amendment is not yet in force. It will enter into force when it has been formally accepted by 54 of the 80 States which were Parties to the Convention on that date. By August 1993 it had been accepted by 31 of those States. 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, 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. **************************** CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA APPENDICES I AND II as adopted by the Conference of the Parties, valid as of 16 April 1993 INTERPRETATION 1. Species included in these appendices are referred to: a) by the name of the species; or b) as being all of the species included in a higher taxon or designated part thereof. 2. The abbreviation "spp." is used to denote all species of a higher taxon. 3. Other references to taxa higher than species are for the purposes of information or classification only. 4. The abbreviation "p.e." is used to denote species that are possibly extinct. 5. An asterisk (*) placed against the name of a species or higher taxon indicates that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix I and are excluded from Appendix II. 6. Two asterisks (**) placed against the name of a species or higher taxon indicate that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix II and are excluded from Appendix I. 7. The symbol (-) followed by a number placed against the name of a species or higher taxon denotes that designated geographically separate populations, species, groups of species or families of that species or taxon are excluded from the appendix concerned, as follows: -101 Population of West Greenland -102 Populations of Bhutan, India, Nepal and Pakistan -103 Population of China -104 Population of Australia -105 Population of the United States of America -106 - Chile: part of the population of Parinacota Province, Ia. Region of Tarapac� - Peru: populations of Pampa Galeras National Reserve and Nuclear Zone, Pedregal, Oscconta and Sawacocha (Province of Lucanas), Sais Picotani (Province of Azangaro), Sais Tupac Amaru (Province of Jun�n), and of Salinas Aguada Blanca National Reserve (Provinces of Arequipa and Cailloma) -107 Populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan -108 Cathartidae -109 Melopsittacus undulatus, Nymphicus hollandicus and Psittacula krameri -110 Populations of Botswana, Ethiopia, Kenya, Malawi, Mozambique, the United Republic of Tanzania, Zambia and Zimbabwe, and populations of the following countries subject to the specified annual export quotas: 1992 1993 1994 Madagascar 3,100 4,100 4,400 (ranched specimens: 3,000 4,000 4,300 wild nuisance specimens: 100 100 100) Somalia 500 0 0 South Africa 1,000 1,000 1,000 Uganda 2,500 2,500 2,500 Apart from ranched specimens, the United Republic of Tanzania will authorize the export of no more than 100 hunting trophies each year, 400 nuisance animals in 1992, 200 a year in 1993 and 1994 and 100 in 1995 and each following year. -111 Populations of Australia and Papua New Guinea, and population of Indonesia subject to specified annual export quotas as follows: 1992 1993 1994 Total 9,700 8,500 8,500 Ranched/captive-bred specimens 7,000 7,000 7,000 Wild specimens 1,500 1,500 1,500 Skins in stock 1,200 0 0 -112 Population of Indonesia -113 Population of Chile -114 All species that are not succulent 8. The symbol (+) followed by a number placed against the name of a species or higher taxon denotes that only designated geographically separate populations, subspecies or species of that species or taxon are included in the appendix concerned, as follows: +201 Population of South America (populations outside South America are not included in the appendices) +202 Populations of Bhutan, India, Nepal and Pakistan +203 Populations of Bhutan, China, Mexico and Mongolia +204 Populations of Cameroon and Nigeria +205 Population of Asia +206 Population of India +207 Populations of Central and North America +208 Population of Australia +209 - Chile: part of the population of Parinacota Province, Ia. Region of Tarapac� - Peru: populations of Pampa Galeras National Reserve and Nuclear Zone, Pedregal, Oscconta and Sawacocha (Province of Lucanas), Sais Picotani (Province of Azangaro), Sais Tupac Amaru (Province of Jun�n), and of Salinas Aguada Blanca National Reserve (Provinces of Arequipa and Cailloma) +210 Populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan +211 Populati CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (1973)

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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, 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) 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 Appendices 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 Appendices 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 controls 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 and II for consideration between meetings by the postal procedures set forth in this paragraph. b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult intergovernmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible. c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendments, 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-paragraphs (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 new 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 cannot 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 30 April 1973 and thereafter at Berne until 31 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. [1. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention. 2. In their instruments of accession, such organizations shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Depositary Government of any substantial modification in the extent of their competence. Notifications by regional economic integration organizations concerning their competence with respect to matters governed by this Convention and modifications thereto shall be distributed to the Parties by the Depositary Government. 3. In matters within their competence, such regional integration organizations shall exercise the rights and fulfill the obligations which this Convention attributes to their Member States, which are Parties to the Convention. In such cases the Member States of the organizations shall not be entitled to exercise such rights individually. 4. In the fields of their competence, regional economic integration organizations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention. Such organizations shall not exercise their right to vote if their Member States exercise theirs, and vice versa. 5. Any reference to "Party" in the sense used in Article 1(h) of this Convention to "State"/"States" or to "State Party"/"States Parties" to the Convention shall be construed as including a reference to any regional economic integration organization having competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.]** ** The paragraphs in square brackets are an amendment to the Convention which was adopted at an extraordinary meeting of the Conference of the Parties in Gaborone (Botswana) on 30 April 1983. The amendment is not yet in force. It will enter into force when it has been formally accepted by 54 of the 80 States which were Parties to the Convention on that date. By August 1993 it had been accepted by 31 of those States. 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, 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. **************************** CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA APPENDICES I AND II as adopted by the Conference of the Parties, valid as of 16 April 1993 INTERPRETATION 1. Species included in these appendices are referred to: a) by the name of the species; or b) as being all of the species included in a higher taxon or designated part thereof. 2. The abbreviation "spp." is used to denote all species of a higher taxon. 3. Other references to taxa higher than species are for the purposes of information or classification only. 4. The abbreviation "p.e." is used to denote species that are possibly extinct. 5. An asterisk (*) placed against the name of a species or higher taxon indicates that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix I and are excluded from Appendix II. 6. Two asterisks (**) placed against the name of a species or higher taxon indicate that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix II and are excluded from Appendix I. 7. The symbol (-) followed by a number placed against the name of a species or higher taxon denotes that designated geographically separate populations, species, groups of species or families of that species or taxon are excluded from the appendix concerned, as follows: -101 Population of West Greenland -102 Populations of Bhutan, India, Nepal and Pakistan -103 Population of China -104 Population of Australia -105 Population of the United States of America -106 - Chile: part of the population of Parinacota Province, Ia. Region of Tarapac� - Peru: populations of Pampa Galeras National Reserve and Nuclear Zone, Pedregal, Oscconta and Sawacocha (Province of Lucanas), Sais Picotani (Province of Azangaro), Sais Tupac Amaru (Province of Jun�n), and of Salinas Aguada Blanca National Reserve (Provinces of Arequipa and Cailloma) -107 Populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan -108 Cathartidae -109 Melopsittacus undulatus, Nymphicus hollandicus and Psittacula krameri -110 Populations of Botswana, Ethiopia, Kenya, Malawi, Mozambique, the United Republic of Tanzania, Zambia and Zimbabwe, and populations of the following countries subject to the specified annual export quotas: 1992 1993 1994 Madagascar 3,100 4,100 4,400 (ranched specimens: 3,000 4,000 4,300 wild nuisance specimens: 100 100 100) Somalia 500 0 0 South Africa 1,000 1,000 1,000 Uganda 2,500 2,500 2,500 Apart from ranched specimens, the United Republic of Tanzania will authorize the export of no more than 100 hunting trophies each year, 400 nuisance animals in 1992, 200 a year in 1993 and 1994 and 100 in 1995 and each following year. -111 Populations of Australia and Papua New Guinea, and population of Indonesia subject to specified annual export quotas as follows: 1992 1993 1994 Total 9,700 8,500 8,500 Ranched/captive-bred specimens 7,000 7,000 7,000 Wild specimens 1,500 1,500 1,500 Skins in stock 1,200 0 0 -112 Population of Indonesia -113 Population of Chile -114 All species that are not succulent 8. The symbol (+) followed by a number placed against the name of a species or higher taxon denotes that only designated geographically separate populations, subspecies or species of that species or taxon are included in the appendix concerned, as follows: +201 Population of South America (populations outside South America are not included in the appendices) +202 Populations of Bhutan, India, Nepal and Pakistan +203 Populations of Bhutan, China, Mexico and Mongolia +204 Populations of Cameroon and Nigeria +205 Population of Asia +206 Population of India +207 Populations of Central and North America +208 Population of Australia +209 - Chile: part of the population of Parinacota Province, Ia. Region of Tarapac� - Peru: populations of Pampa Galeras National Reserve and Nuclear Zone, Pedregal, Oscconta and Sawacocha (Province of Lucanas), Sais Picotani (Province of Azangaro), Sais Tupac Amaru (Province of Jun�n), and of Salinas Aguada Blanca National Reserve (Provinces of Arequipa and Cailloma) +210 Populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan +211 Population of Mexico +212 Populations of Algeria, Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the Niger, Nigeria, Senegal and the Sudan +213 Population of the Sudan. This listing will enter into force on 11 July 1992 only, to allow the export of an existing stock of 8,000 skins between 11 June and 11 July 1992, under specific conditions (skins to be tagged, documented and exported under the supervision of an independent observer) +214 Population of Europe, except the area which formerly constituted the Union of Soviet Socialist Republics +215 Population of Indonesia with a zero export quota. Export of captive-bred specimens of a maximum length of 15 cm will be limited to 3,000 in 1993 and 4,000 in 1994 from the operation of P.D. Bintang Kalbar, Pontianak, West Kalimantan +216 All species of New Zealand +217 Population of Chile 9. The symbol (=) followed by a number placed against the name of a species or higher taxon denotes that the name of that species or taxon shall be interpreted as follows: =301 Includes family Tupaiidae =302 Includes generic synonym Leontideus =303 Includes synonym Saguinus geoffroyi =304 Includes synonym Cercopithecus roloway =305 Includes synonym Colobus badius kirki =306 Includes synonym Colobus badius rufomitratus =307 Includes generic synonym Simias =308 Includes generic synonym Mandrillus =309 Includes generic synonym Rhinopithecus =310 Includes synonyms Bradypus boliviensis and Bradypus griseus =311 Includes synonym Priodontes giganteus =312 Includes synonym Physeter catodon =313 Includes synonym Eschrichtius glaucus =314 Includes generic synonym Eubalaena =315 Includes synonym Dusicyon fulvipes =316 Also referenced as Cerdocyon thous =317 Includes generic synonym Fennecus =318 Also referenced as Ursus thibetanus =319 Also referenced as Aonyx microdon or as Paraonyx microdon =320 Includes synonyms Lutra annectens, Lutra enudris, Lutra incarum and Lutra platensis =321 Includes synonym Eupleres major =322 Also referenced as Lynx caracal; includes generic synonym Caracal =323 Also referenced as Lynx pardinus or Felis lynx pardina =324 Includes synonyms Equus kiang and Equus onager =325 Includes generic synonym Dama =326 Includes generic synonyms Axis and Hyelaphus =327 Includes synonym Bos frontalis =328 Includes synonym Bos grunniens =329 Includes generic synonym Novibos =330 Includes generic synonym Anoa =331 Includes synonym Oryx tao =332 Includes synonym Ovis aries ophion =333 Also referenced as Sula abbotti =334 Also referenced as Ciconia ciconia boyciana =335 Also referenced as Anas platyrhynchos laysanensis =336 Also referenced as Aquila heliaca adalberti =337 Also referenced as Falco peregrinus pelegrinoides =338 Includes synonym Falco babylonicus =339 Also referenced as Crax mitu mitu =340 Includes generic synonym Aburria =341 Formerly included in species Crossoptilon crossoptilon =342 Formerly included in species Polyplectron malacense =343 Includes synonym Rheinardia nigrescens =344 Also referenced as Tricholimnas sylvestris =345 Also referenced as Choriotis nigriceps =346 Also referenced as Houbaropsis bengalensis =347 Also referenced as Amazona dufresniana rhodocorytha =348 Often traded under the incorrect designation Ara caninde =348a Also referenced as Cyanoramphus novaezelandiae cookii =349 Also referenced as Opopsitta diophthalma coxeni =350 Also referenced as Geopsittacus occidentalis =351 Formerly included in species Psephotus chrysopterygius =352 Formerly included in genus Gallirex; also referenced as Tauraco porphyreolophus =353 Formerly included in species Tauraco corythaix =354 Also referenced as Ot 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 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) 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 Appendices 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 Appendices 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 controls 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 and II for consideration between meetings by the postal procedures set forth in this paragraph. b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult intergovernmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible. c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendments, 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-paragraphs (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 new 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 cannot 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 30 April 1973 and thereafter at Berne until 31 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. [1. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention. 2. In their instruments of accession, such organizations shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Depositary Government of any substantial modification in the extent of their competence. Notifications by regional economic integration organizations concerning their competence with respect to matters governed by this Convention and modifications thereto shall be distributed to the Parties by the Depositary Government. 3. In matters within their competence, such regional integration organizations shall exercise the rights and fulfill the obligations which this Convention attributes to their Member States, which are Parties to the Convention. In such cases the Member States of the organizations shall not be entitled to exercise such rights individually. 4. In the fields of their competence, regional economic integration organizations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention. Such organizations shall not exercise their right to vote if their Member States exercise theirs, and vice versa. 5. Any reference to "Party" in the sense used in Article 1(h) of this Convention to "State"/"States" or to "State Party"/"States Parties" to the Convention shall be construed as including a reference to any regional economic integration organization having competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.]** ** The paragraphs in square brackets are an amendment to the Convention which was adopted at an extraordinary meeting of the Conference of the Parties in Gaborone (Botswana) on 30 April 1983. The amendment is not yet in force. It will enter into force when it has been formally accepted by 54 of the 80 States which were Parties to the Convention on that date. By August 1993 it had been accepted by 31 of those States. 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, 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. **************************** CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA APPENDICES I AND II as adopted by the Conference of the Parties, valid as of 16 April 1993 INTERPRETATION 1. Species included in these appendices are referred to: a) by the name of the species; or b) as being all of the species included in a higher taxon or designated part thereof. 2. The abbreviation "spp." is used to denote all species of a higher taxon. 3. Other references to taxa higher than species are for the purposes of information or classification only. 4. The abbreviation "p.e." is used to denote species that are possibly extinct. 5. An asterisk (*) placed against the name of a species or higher taxon indicates that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix I and are excluded from Appendix II. 6. Two asterisks (**) placed against the name of a species or higher taxon indicate that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix II and are excluded from Appendix I. 7. The symbol (-) followed by a number placed against the name of a species or higher taxon denotes that designated geographically separate populations, species, groups of species or families of that species or taxon are excluded from the appendix concerned, as follows: -101 Population of West Greenland -102 Populations of Bhutan, India, Nepal and Pakistan -103 Population of China -104 Population of Australia -105 Population of the United States of America -106 - Chile: part of the population of Parinacota Province, Ia. Region of Tarapac� - Peru: populations of Pampa Galeras National Reserve and Nuclear Zone, Pedregal, Oscconta and Sawacocha (Province of Lucanas), Sais Picotani (Province of Azangaro), Sais Tupac Amaru (Province of Jun�n), and of Salinas Aguada Blanca National Reserve (Provinces of Arequipa and Cailloma) -107 Populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan -108 Cathartidae -109 Melopsittacus undulatus, Nymphicus hollandicus and Psittacula krameri -110 Populations of Botswana, Ethiopia, Kenya, Malawi, Mozambique, the United Republic of Tanzania, Zambia and Zimbabwe, and populations of the following countries subject to the specified annual export quotas: 1992 1993 1994 Madagascar 3,100 4,100 4,400 (ranched specimens: 3,000 4,000 4,300 wild nuisance specimens: 100 100 100) Somalia 500 0 0 South Africa 1,000 1,000 1,000 Uganda 2,500 2,500 2,500 Apart from ranched specimens, the United Republic of Tanzania will authorize the export of no more than 100 hunting trophies each year, 400 nuisance animals in 1992, 200 a year in 1993 and 1994 and 100 in 1995 and each following year. -111 Populations of Australia and Papua New Guinea, and population of Indonesia subject to specified annual export quotas as follows: 1992 1993 1994 Total 9,700 8,500 8,500 Ranched/captive-bred specimens 7,000 7,000 7,000 Wild specimens 1,500 1,500 1,500 Skins in stock 1,200 0 0 -112 Population of Indonesia -113 Population of Chile -114 All species that are not succulent 8. The symbol (+) followed by a number placed against the name of a species or higher taxon denotes that only designated geographically separate populations, subspecies or species of that species or taxon are included in the appendix concerned, as follows: +201 Population of South America (populations outside South America are not included in the appendices) +202 Populations of Bhutan, India, Nepal and Pakistan +203 Populations of Bhutan, China, Mexico and Mongolia +204 Populations of Cameroon and Nigeria +205 Population of Asia +206 Population of India +207 Populations of Central and North America +208 Population of Australia +209 - Chile: part of the population of Parinacota Province, Ia. Region of Tarapac� - Peru: populations of Pampa Galeras National Reserve and Nuclear Zone, Pedregal, Oscconta and Sawacocha (Province of Lucanas), Sais Picotani (Province of Azangaro), Sais Tupac Amaru (Province of Jun�n), and of Salinas Aguada Blanca National Reserve (Provinces of Arequipa and Cailloma) +210 Populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan +211 Population of Mexico +212 Populations of Algeria, Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the Niger, Nigeria, Senegal and the Sudan +213 Population of the Sudan. This listing will enter into force on 11 July 1992 only, to allow the export of an existing stock of 8,000 skins between 11 June and 11 July 1992, under specific conditions (skins to be tagged, documented and exported under the supervision of an independent observer) +214 Population of Europe, except the area which formerly constituted the Union of Soviet Socialist Republics +215 Population of Indonesia with a zero export quota. Export of captive-bred specimens of a maximum length of 15 cm will be limited to 3,000 in 1993 and 4,000 in 1994 from the operation of P.D. Bintang Kalbar, Pontianak, West Kalimantan +216 All species of New Zealand +217 Population of Chile 9. The symbol (=) followed by a number placed against the name of a species or higher taxon denotes that the name of that species or taxon shall be interpreted as follows: =301 Includes family Tupaiidae =302 Includes generic synonym Leontideus =303 Includes synonym Saguinus geoffroyi =304 Includes synonym Cercopithecus roloway =305 Includes synonym Colobus badius kirki =306 Includes synonym Colobus badius rufomitratus =307 Includes generic synonym Simias =308 Includes generic synonym Mandrillus =309 Includes generic synonym Rhinopithecus =310 Includes synonyms Bradypus boliviensis and Bradypus griseus =311 Includes synonym Priodontes giganteus =312 Includes synonym Physeter catodon =313 Includes synonym Eschrichtius glaucus =314 Includes generic synonym Eubalaena =315 Includes synonym Dusicyon fulvipes =316 Also referenced as Cerdocyon thous =317 Includes generic synonym Fennecus =318 Also referenced as Ursus thibetanus =319 Also referenced as Aonyx microdon or as Paraonyx microdon =320 Includes synonyms Lutra annectens, Lutra enudris, Lutra incarum and Lutra platensis =321 Includes synonym Eupleres major =322 Also referenced as Lynx caracal; includes generic synonym Caracal =323 Also referenced as Lynx pardinus or Felis lynx pardina =324 Includes synonyms Equus kiang and Equus onager =325 Includes generic synonym Dama =326 Includes generic synonyms Axis and Hyelaphus =327 Includes synonym Bos frontalis =328 Includes synonym Bos grunniens =329 Includes generic synonym Novibos =330 Includes generic synonym Anoa =331 Includes synonym Oryx tao =332 Includes synonym Ovis aries ophion =333 Also referenced as Sula abbotti =334 Also referenced as Ciconia ciconia boyciana =335 Also referenced as Anas platyrhynchos laysanensis =336 Also referenced as Aquila heliaca adalberti =337 Also referenced as Falco peregrinus pelegrinoides =338 Includes synonym Falco babylonicus =339 Also referenced as Crax mitu mitu =340 Includes generic synonym Aburria =341 Formerly included in species Crossoptilon crossoptilon =342 Formerly included in species Polyplectron malacense =343 Includes synonym Rheinardia nigrescens =344 Also referenced as Tricholimnas sylvestris =345 Also referenced as Choriotis nigriceps =346 Also referenced as Houbaropsis bengalensis =347 Also referenced as Amazona dufresniana rhodocorytha =348 Often traded under the incorrect designation Ara caninde =348a Also referenced as Cyanoramphus novaezelandiae cookii =349 Also referenced as Opopsitta diophthalma coxeni =350 Also referenced as Geopsittacus occidentalis =351 Formerly included in species Psephotus chrysopterygius =352 Formerly included in genus Gallirex; also referenced as Tauraco porphyreolophus =353 Formerly included in species Tauraco corythaix =354 Also referenced as Otus gurneyi =355 Also referenced as Ninox novaeseelandiae royana =356 Formerly included in genus Ramphodon =357 Formerly included in genus Rhinoplax =357a Also referenced as Pitta brachyura nympha =358 Also referenced as Muscicapa ruecki or as Niltava ruecki =359 Also referenced as Meliphaga cassidix =360 Formerly included in genus Spinus =361 Includes generic synonyms Nicoria and Geoemyda (part) =362 Also referenced in genus Testudo =363 Formerly included in Podocnemis spp. =364 Includes Alligatoridae, Crocodylidae and Gavialidae =365 Formerly included in Chamaeleo spp. =366 Also referenced as Constrictor constrictor occidentalis =367 Includes synonym Pseudoboa cloelia =368 Also referenced as Hydrodynastes gigas =369 Includes generic synonym Megalobatrachus =370 Sensu D'Abrera =371 Also referenced in genus Dysnomia =372 Includes generic synonym Proptera =373 Also referenced in genus Carunculina =374 Includes generic synonym Micromya =375 Includes generic synonym Papuina =376 Also referenced as Podophyllum emodi =377 Also referenced in genus Echinocactus =378 Also referenced in genus Escobaria =379 Also referenced as Lobeira macdougallii or as Nopalxochia macdougallii =380 Also referenced as Echinocereus lindsayi =381 Also referenced as Wilcoxia schmollii =382 Also referenced as Solisia pectinata =383 Also referenced as Backebergia militaris =384 Also referenced in genus Toumeya =385 Also referenced in genus Toumeya or in genus Sclerocactus =386 Also referenced as Ancistrocactus tobuschii =387 Also referenced in genus Neolloydia or in genus Echinomastus =388 Also referenced in genus Neolloydia =389 Also referenced as Saussurea lappa =390 Also referenced as Engelhardia pterocarpa =391 Includes families Apostasiaceae and Cypripediaceae as subfamilies Apostasioideae and Cypripedioideae =392 Also referenced as Lycaste virginalis var. alba =393 Also referenced as Sarracenia rubra alabamensis =394 Also referenced as Sarracenia rubra jonesii =395 Includes synonym Stangeria paradoxa =396 Includes synonym Welwitschia bainesii 10. The symbol (�) followed by a number placed against the name of a species or higher taxon shall be interpreted 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 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)   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 Appendices 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 Appendices 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
controls 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