CITES Notes

What is CITES

  • CITES (Convention on International Trade in Endangered Species of Wild Flora and Fauna) is an international agreement to ensure that international trade in specimens of wild animals and plants does not threaten their survival.
  • Created at 1963 meeting of IUCN.
  • Standardized permits and guidance from the Conference of Parties, CITES aims to ensure international trade in wild animals and plants does not threaten their survival in the wild.

History of CITES

  • Early 1960s: Discussions began within the International Union for Conservation of Nature (IUCN) regarding the significant threat posed by unregulated international trade to numerous wild animal and plant species.
  • 1963: A resolution was adopted at an IUCN meeting, formally proposing the creation of an international convention to regulate this trade.
  • March 3, 1973: Representatives from 80 countries convened in Washington, D.C., in the United States, where they finalized and signed the text of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
  • July 1, 1975: CITES officially entered into force, becoming a legally binding international agreement.

Purpose of CITES

  • To ensure that wild flora and fauna in international trade are not exploited unsustainably.
  • Establishes an international legal framework together with common procedural mechanisms for the strictest control of international commercial trade in species threatened with extinction, and for an effective regulation of international trade in others.

CITES Text

The Convention outlines the basic provisions for trade and obligations of each Party, including:

  • Trade procedures and requirements
  • Enforcement measures
  • Trade facilitation
  • Exemptions and special procedures
  • Marking
  • Confiscations
  • Reporting
  • Trade with non-Parties
  • Amendment of the Appendices

Resolutions and Decisions

  • The Conference of the Parties adopts Resolutions to guide the interpretation and implementation of the Convention, and Decisions to provide specific short-term time-bound instructions.
  • 89 Resolutions and 196 Decisions are in effect.

CITES Appendices

  • Species subject to CITES regulation are divided amongst three appendices.
    • Appendix I: Species threatened with extinction.
    • International (commercial) trade in wild-taken specimens is generally prohibited.
    • 625 animal species and 301 plant species.
    • Appendix II: Species not necessarily threatened with extinction, but for which trade must be controlled to avoid their becoming so.
    • International trade is permitted but regulated.
    • 4685 animal species and 29105 plant species (97% of all listings).
    • Appendix III: Species for which a country is asking Parties to help with its protection.
    • International trade is permitted but regulated (less restrictive than Appendix II).
    • 147 animal species and 119 plant species.

Convention Text

  • Signed at Washington, D.C., on 3 March 1973
  • Amended at Bonn, on 22 June 1979
  • Amended at Gaborone, on 30 April 1983

Article I: Definitions

  • (a) "Species" means any species, subspecies, or geographically separate population thereof;
  • (b) "Specimen" means:
    • (i) any animal or plant, whether alive or dead;
    • (ii) in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and
    • (iii) in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species;
  • (c) "Trade" means export, re-export, import and introduction from the sea;
  • (d) "Re-export" means export of any specimen that has previously been imported;
  • (e) "Introduction from the sea" means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;
  • (f) "Scientific Authority" means a national scientific authority designated in accordance with Article IX;
  • (g) "Management Authority" means a national management authority designated in accordance with Article IX;
  • (h) "Party" means a State for which the present Convention has entered into force.

Article II: Fundamental Principles

  • Appendix I: Includes species threatened with extinction; trade is strictly regulated and only authorized in exceptional circumstances.
  • Appendix II: Includes species not necessarily threatened but may become so unless trade is strictly regulated to avoid incompatible utilization.
  • Appendix III: Includes species that any Party identifies as being subject to regulation within its jurisdiction for preventing or restricting exploitation.

Articles III, IV, V: Regulations of Trade in Specimens Included in Appendices I, II, and III

  • Appendix I: Trade requires prior grant and presentation of export and import permits.
    • Export permit granted if export won't harm species survival, specimen was legally obtained, and living specimens are prepared and shipped to minimize harm.
    • Import permit granted if import isn't detrimental to species survival, recipient can properly care for living specimen, and specimen isn't used for primarily commercial purposes.
  • Appendix II: Export requires prior grant and presentation of an export permit.
    • Export permit granted if export won't harm species survival, specimen was legally obtained, and living specimens are prepared and shipped to minimize harm.
  • Appendix III: Export requires prior grant and presentation of an export permit.
    • Export permit granted if specimen was legally obtained and living specimens are prepared and shipped to minimize harm.

Article VI: Permits and Certificates

  • Permits/certificates must adhere to Article VI.
  • Export permit contains Appendix IV info, valid for 6 months.
  • Each permit/certificate shows the Convention title, Management Authority name/stamp, and a control number.
  • Copies of permits/certificates are marked as copies and can't replace the original.
  • Separate permit/certificate for each consignment.
  • Import Management Authority cancels/retains export or re-export permit and corresponding import permit.
  • Marking specimens aids identification and prevents unauthorized imitation.

Article VII: Exemptions and Other Special Provisions Relating to Trade

  • Articles III, IV, and V don't apply to transit/transhipment under Customs control.
  • Exemptions for specimens acquired before Convention application, with Management Authority certificate.
  • Exemptions for personal or household effects, unless specific conditions apply.
  • Appendix I animal species bred in captivity or plant species artificially propagated for commercial purposes are considered Appendix II species.
  • Management Authority certificate for captive-bred animals or artificially propagated plants replaces required permits/certificates.
  • Articles III, IV, and V exceptions for non-commercial loans, donations, or exchanges between registered scientists/institutions.
  • Management Authority waives Articles III, IV, and V for traveling zoos, circuses, exhibitions, if exporter/importer registers details, and specimens fall under specific categories.

Article VIII: Measures to Be Taken by the Parties

  • Penalize illegal trade/possession.
  • Confiscate or return specimens to exporting State.
  • Reimbursed expenses due to confiscation.
  • Minimize trade formalities delay.
  • Designate ports for clearance.
  • Properly care for living specimens in transit.
  • Entrust confiscated living specimen to State Management Authority.
  • Authority consults with State of export and return specimen.
  • Authority may consult Secretariat to facilitate decision.
  • Maintain trade records (exporters/importers names/addresses, permit/certificate types, states with which such trade occurred).
  • Prepare periodic reports on Convention implementation and send to the Secretariat.
  • Make the information available to the public.

Article X: Trade with States Not Party to the Convention

  • Comparable documentation from non-Parties may be accepted if it substantially conforms with CITES requirements.

Article XI: Conference of the Parties

  • Secretariat calls a meeting no later than two years after the entry into force.
  • Secretariat convenes regular meetings at least once every two years, unless the Conference decides otherwise.
  • At meetings, the Parties review implementation of the Convention.

Article XII: The Secretariat

  • Secretariat provided by the Executive Director of the United Nations Environment Programme.
  • Functions include arranging meetings, undertaking scientific studies, and studying reports of Parties.

Article XIII: International Measures

  • Secretariat communicates information about adverse effects of trade to Party or Parties concerned.
  • Party informs the Secretariat and proposes remedial action.

Article XIV: Effect on Domestic Legislation and International Conventions

  • Provisions of the Convention shall in no way affect the right of Parties to adopt stricter domestic measures.

Article XV: Amendments to Appendices I and II

  • Any Party may propose an amendment to Appendix I or II.
  • Amendments are adopted by a two-thirds majority.

Article XVI: Appendix III and Amendments Thereto

  • Any Party may submit a list of species subject to regulation.

Article XVII: Amendment of the Convention

  • An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat.
  • Such amendments shall be adopted by a two-thirds majority of Parties present and voting.

Article XVIII: Resolution of Disputes

  • Disputes shall be subject to negotiation between the Parties involved.
  • If the dispute can not be resolved the Parties may, by mutual consent, submit the dispute to arbitration.

Article XIX: Signature

  • The Convention shall be open for signature at Washington until 30th April 1973 and thereafter at Berne until 31st December 1974.

Article XX: Ratification, Acceptance, Approval

  • The Convention shall be subject to ratification, acceptance or approval.

Article XXI: Accession

  • The Convention shall be open indefinitely for accession.

Article XXII: Entry into Force

  • The Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession.

Article XXIII: Reservations

  • The provisions of the Convention shall not be subject to general reservations.

Article XXIV: Denunciation

  • Any Party may denounce the Convention by written notification.

Conference of the Parties

  • The Parties to CITES are collectively referred to as the Conference of the Parties.
  • Every two to three years, the Conference of the Parties meets to review the implementation of the Convention.

Standing Committee

  • The Standing Committee provides policy guidance to the Secretariat concerning the implementation of the Convention and oversees the management of the Secretariat's budget.

Animals and Plant Committee

  • These committees of experts provide technical support to decision-making about these species.

Importance of CITES for Marine Species

  • Many marine species that are traded internationally are highly migratory—meaning they swim long distances, often crossing national boundaries.
  • Their conservation can only be achieved if nations work collaboratively.
  • The agreement provides a legal framework to regulate the international trade of species, ensuring their sustainability and promoting cooperation among CITES members, - also known as CITES Parties.

Four Types of Trades

  • Export: Sending a CITES-listed specimen from one country to another, requiring an Export Permit.
  • Import: A CITES-listed specimen enters a country from abroad, possibly needing an Import Permit.
  • Re-export: A CITES-listed specimen is sent to another country after being imported, requiring a Re-export Certificate.
  • Introduction from the Sea: Marine specimens caught in international waters are brought into a country, needing a Certificate of Introduction from the Sea.

CITES Permits and Certificates

  • CITES regulates the export, re-export, import and introduction from the sea of live and dead animals and plants and their parts and derivatives (listed species only) through a system of permits and certificates.

Collaboration and Cooperation

  • CITES Authorities
  • Resource sectors
  • Customs
  • Police
  • Judiciary
  • Affected stakeholders, including the private sector

How CITES Works

  • Similar trade requirements
  • Similar authorities
  • Similar procedures
  • Similar rules and regulations
  • Common procedural mechanisms
  • Similar documents

CITES Structure

  • Conference of the Parties
  • Permanent Committees
  • Scientific Authority
  • Secretariat
  • Management Authority
  • Other MEAS
  • UNEP-WCMC
  • WCO
  • ICPO-Interpol
  • ITTO, FAO
  • IUCN
  • Other IGOS
  • NGOs
  • Private sector

Trade With Non-Parties

  • Parties accept documentation from States not party to the Convention only if the details of the competent authorities and scientific institutions of such States are included in the online CITES Directory.

Summary

  • CITES is an international agreement between governments aimed at ensuring that no species of wild fauna or flora is unsustainably exploited for international trade.
  • The Convention establishes the international legal framework and common procedural mechanisms for an effective regulation of international trade in Appendix- II and -III species, and for the strictest control of international trade in Appendix-I species.
  • Inter-agency and inter-sector collaboration is essential for the effective implementation of CITES.
  • CITES regulates international trade in wild fauna and flora listed in its Appendices on the basis of a system of permits and certificates which are issued when certain conditions are met, and which must be presented when leaving and entering a country
  • For Appendix-II and –III species, international trade is permitted but regulated, and for Appendix-I species, international (commercial) trade in wild-taken specimens is generally prohibited
  • The Conference of the Parties is the ultimate decision-making body in CITES