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Convention on International Trade in Endangered Species of Wild Fauna and Flora

Discover the essential principles for implementing CITES legislation, ensuring compliance with the international treaty. Learn about the socio-economic aspects and enforcement measures involved, and how to create enforceable laws.

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Convention on International Trade in Endangered Species of Wild Fauna and Flora

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  1. www.CITES.org National legislation Convention on International Trade in Endangered Species of Wild Fauna and Flora

  2. Photo: WWF Overview • Basic principles of legislation to implement CITES • Developing CITES legislation

  3. Basic principles of legislation to implement CITES

  4. Treaty incorporation • CITES is an international treaty which is not self-executing upon a country’s adherence • The implementation of CITES obligations requires that policy, powers, rights, duties and procedures be set forth in national legislation • Effective CITES implementation is impossible without an adequate legal basis at national level • Trade should not be allowed unless adequate legislation is in force

  5. Socio-economic aspects of legislation • Legislation reflects the State’s policy choice on the management of its biological resources (e.g. trade in all wildlife, trade in selected species, trade in captive bred or artificially propagated specimens, non-commercial trade, trade ban) • It determines the ownership of those resources, whether and how they will be commercialized as well as who will benefit

  6. Purpose Conformity with CITES Scope (all animals and plants in CITES Appendices) Definitions (consistent with Convention and Resolutions) Links to related legislation (environmental, natural resource, customs/trade, criminal/civil codes) General provisions

  7. Designation Structure Powers, functions (MA, SA, enforcement authorities) Relationships with other authorities and coordination Role of traders, public and NGOs Funding mechanism Institutions

  8. Regulation of trade • Import/export/re-export/introduction from the sea (transit/transhipment) • Permits/certificates/marking/transport conditions • Licensing/registration/records (trade, breeding) • Border and internal trade control (limited entry points) • Exemptions and special provisions

  9. Enforcement measures • Prohibit trade and/or transit without proper documents • Prohibit possession, transport, and trade without proof of legal acquisition • Penalize fraud/non-compliance • Confiscate specimens illegally traded and/or possessed • Education and incentives

  10. Enforcement measures • Adequacy of penalty in relation to offense • Increased on subsequent offenses • Fine, imprisonment, ban on future trade activities, forfeiture, other • Corporate liability • National/regional harmonization • Fines directed towards enforcement

  11. Developing CITES legislation

  12. Developing CITES legislation • Creating and adopting effective and enforceable legislation is not an easy task • Effective legislation is not just a piece of paper but the practical solution to a problem • Enforceable legislation is that which is realistic in terms of what can be achieved within a country’s particular context and its human or financial resources

  13. Developing CITES legislation • The legislative provisions for implementing CITES in each Party are similar, though Parties may have different legal structures, national policies, culture, species in trade, or types of trade • All Parties, however, should have a solid legal foundation for regulating international wildlife trade • It is only through legislation that is adequate, up to date and efficiently enforced that CITES can really work

  14. Developing CITES legislation • It is the prerogative of each Party to decide how it incorporates CITES obligations into national legislation, taking into account its needs and legal practice • However, to assist with this process, the Secretariat has prepared a Model Law to use as an example

  15. Developing CITES legislation • There are generally three main options when developing legislation: • amend existing provisions in various legislative texts related to wildlife, natural resources, Customs, import/export and environment • include a CITES chapter or CITES provisions in comprehensive wildlife, biodiversity or environment legislation, or • enact CITES-specific legislation

  16. Developing CITES legislation • The four minimum requirements for adequate CITES-implementing legislation are stated in a general way in Resolution Conf. 8.4: • Designation of national CITES authorities • Prohibition of trade in violation of the Convention • Penalization of illegal trade • Authorization to confiscate specimens illegally traded or possessed

  17. Linking wildlife trade policy development and CITES legislation • CITES-implementing legislation should not be seen as a burdensome and stand-alone obligation but rather as the necessary framework for defining and implementing national wildlife trade policies for the conservation of and non-detrimental trade in all CITES-listed species

  18. Linking wildlife trade policy development and CITES legislation • Wildlife policy development is an essential precursor to drafting adequate legislation • A clear policy basis facilitates the introduction of procedures and practices to ensure: • coherence and predictability of the legislation • transparency of legal rights and obligations • consistency, fairness and due process in legislative application, and • efficiency of management and ease of implementation

  19. Linking wildlife trade policy development and CITES legislation • The choice of a wildlife policy, of course, is the prerogative of each Party • What is important is for this policy choice to be made thoughtfully, in consultation with stakeholders, and to be reflected fully and accurately in legislation • Policies that discourage trade in all wild-taken specimens of animals and plants or that encourage trade in captive-bred animals or artificially propagated plants may not necessarily benefit the conservation of biodiversity

  20. Summary • CITES is an international treaty which is not self-executing upon a country’s adherence • The implementation of CITES obligations requires that policy, powers, rights, duties and procedures be set forth in national legislation • Effective CITES implementation is impossible without an adequate legal basis at national level • Wildlife policy development is an essential precursor to drafting adequate legislation • A clear policy basis facilitates the introduction of procedures and practices

  21. CITES SecretariatGeneva

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