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The Contracting States,
Recognizing that wild fauna and flora in their many beautiful and varied forms are
an irreplaceable part of the natural systems of the earth which must be protected
for this and the generations to come;
Conscious of the ever-growing value of wild fauna and flora from aesthetic, scientific,
cultural, recreational and economic points of view;
Recognizing that peoples and States are and should be the best protectors of their
own wild fauna and flora;
Recognizing, in addition, that international co-operation is essential for the protection
of certain species of wild fauna and flora against over-exploitation through international
trade;
Convinced of the urgency of taking appropriate measures to this end; Have agreed
as follows:
Article I
Definitions
For the purpose of the present Convention, unless the context otherwise requires:
(a) "Species" means any species, subspecies, or geographically separate
population thereof;
(b) "Specimen" means:
(i) any animal or plant, whether alive or dead;
(ii) in the case of an animal: for species included in Appendices I and II, any readily
recognizable part or derivative thereof; and for species included in Appendix III,
any readily recognizable part or derivative thereof specified in Appendix III in
relation to the species; and
(iii) in the case of a plant: for species included in Appendix I, any readily recognizable
part or derivative thereof; and for species included in Appendices II and III, any
readily recognizable part or derivative thereof specified in Appendices II and III
in relation to the species;
(c) "Trade" means export, re-export, import and introduction from the sea;
(d) "Re-export" means export of any specimen that has previously been imported;
(e) "Introduction from the sea" means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;
(f) "Scientific Authority" means a national scientific authority designated in accordance with Article IX;
(g) "Management Authority" means a national management authority designated in accordance with Article IX;
(h) "Party" means a State for which the present Convention has entered
into force.
Article II
Fundamental Principles
1. Appendix I shall include all species threatened with extinction which are or may
be affected by trade. Trade in specimens of these species must be subject to particularly
strict regulation in order not to endanger further their survival and must only be
authorized in exceptional circumstances.
2. Appendix II shall include:
(a) all species which although not necessarily now threatened with extinction may
become so unless trade in specimens of such species is subject to strict regulation
in order to avoid utilization incompatible with their survival; and
(b) other species which must be subject to regulation in order that trade in specimens
of certain species referred to in sub-paragraph (a) of this paragraph may be brought
under effective control.
3. Appendix III shall include all species which any Party identifies as being subject
to regulation within its jurisdiction for the purpose of preventing or restricting
exploitation, and as needing the co-operation of other Parties in the control of
trade.
4. The Parties shall not allow trade in specimens of species included in Appendices
I, II and III except in accordance with the provisions of the present Convention.
Article III
Regulation of Trade in Specimens of Species Included in Appendix I
1. All trade in specimens of species included in Appendix I shall be in accordance
with the provisions of this Article.
2. The export of any specimen of a species included in Appendix I shall require the
prior grant and presentation of an export permit. An export permit shall only be
granted when the following conditions have been met:
(a) a Scientific Authority of the State of export has advised that such export will
not be detrimental to the survival of that species;
(b) a Management Authority of the State of export is satisfied that the specimen
was not obtained in contravention of the laws of that State for the protection of
fauna and flora;
(c) a Management Authority of the State of export is satisfied that any living specimen
will be so prepared and shipped as to minimize the risk of injury, damage to health
or cruel treatment; and
(d) a Management Authority of the State of export is satisfied that an import permit
has been granted for the specimen.
3. The import of any specimen of a species included in Appendix I shall require the
prior grant and presentation of an import permit and either an export permit or a
re-export certificate. An import permit shall only be granted when the following
conditions have been met:
(a) a Scientific Authority of the State of import has advised that the import will
be for purposes which are not detrimental to the survival of the species involved;
(b) a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and
(c) a Management Authority of the State of import is satisfied that the specimen
is not to be used for primarily commercial purposes.
4. The re-export of any specimen of a species included in Appendix I shall require
the prior grant and presentation of a re-export certificate. A re-export certificate
shall only be granted when the following conditions have been met:
(a) a Management Authority of the State of re-export is satisfied that the specimen
was imported into that State in accordance with the provisions of the present Convention;
(b) a Management Authority of the State of re-export is satisfied that any living
specimen will be so prepared and shipped as to minimize the risk of injury, damage
to health or cruel treatment; and
(c) a Management Authority of the State of re-export is satisfied that an import
permit has been granted for any living specimen.
5. The introduction from the sea of any specimen of a species included in Appendix
I shall require the prior grant of a certificate from a Management Authority of the
State of introduction. A certificate shall only be granted when the following conditions
have been met:
(a) a Scientific Authority of the State of introduction advises that the introduction
will not be detrimental to the survival of the species involved;
(b) a Management Authority of the State of introduction is satisfied that the proposed
recipient of a living specimen is suitably equipped to house and care for it; and
(c) a Management Authority of the State of introduction is satisfied that the specimen
is not to be used for primarily commercial purposes.
Article IV
Regulation of Trade in Specimens of Species Included in Appendix II
1. All trade in specimens of species included in Appendix II shall be in accordance
with the provisions of this Article.
2. The export of any specimen of a species included in Appendix II shall require
the prior grant and presentation of an export permit. An export permit shall only
be granted when the following conditions have been met:
(a) a Scientific Authority of the State of export has advised that such export will
not be detrimental to the survival of that species;
(b) a Management Authority of the State of export is satisfied that the specimen
was not obtained in contravention of the laws of that State for the protection of
fauna and flora; and
(c) a Management Authority of the State of export is satisfied that any living specimen
will be so prepared and shipped as to minimize the risk of injury, damage to health
or cruel treatment.
3. A Scientific Authority in each Party shall monitor both the export permits granted
by that State for specimens of species included in Appendix II and the actual exports
of such specimens. Whenever a Scientific Authority determines that the export of
specimens of any such species should be limited in order to maintain that species
throughout its range at a level consistent with its role in the ecosystems in which
it occurs and well above the level at which that species might become eligible for
inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management
Authority of suitable measures to be taken to limit the grant of export permits for
specimens of that species.
4. The import of any specimen of a species included in Appendix II shall require
the prior presentation of either an export permit or a re-export certificate.
5. The re-export of any specimen of a species included in Appendix II shall require
the prior grant and presentation of a re-export certificate. A re-export certificate
shall only be granted when the following conditions have been met:
(a) a Management Authority of the State of re-export is satisfied that the specimen
was imported into that State in accordance with the provisions of the present Convention;
and
(b) a Management Authority of the State of re-export is satisfied that any living
specimen will be so prepared and shipped as to minimize the risk of injury, damage
to health or cruel treatment.
6. The introduction from the sea of any specimen of a species included in Appendix
II shall require the prior grant of a certificate from a Management Authority of
the State of introduction. A certificate shall only be granted when the following
conditions have been met:
(a) a Scientific Authority of the State of introduction advises that the introduction
will not be detrimental to the survival of the species involved; and
(b) a Management Authority of the State of introduction is satisfied that any living
specimen will be so handled as to minimize the risk of injury, damage to health or
cruel treatment.
7. Certificates referred to in paragraph 6 of this Article may be granted on the
advice of a Scientific Authority, in consultation with other national scientific
authorities or, when appropriate, international scientific authorities, in respect
of periods not exceeding one year for total numbers of specimens to be introduced
in such periods.
Article V
Regulation of Trade in Specimens of Species Included in Appendix III
1. All trade in specimens of species included in Appendix III shall be in accordance
with the provisions of this Article.
2. The export of any specimen of a species included in Appendix III from any State
which has included that species in Appendix III shall require the prior grant and
presentation of an export permit. An export permit shall only be granted when the
following conditions have been met:
(a) a Management Authority of the State of export is satisfied that the specimen
was not obtained in contravention of the laws of that State for the protection of
fauna and flora; and
(b) a Management Authority of the State of export is satisfied that any living
specimen will be so prepared and shipped as to minimize the risk of injury, damage
to health or cruel treatment.
3. The import of any specimen of a species included in Appendix III shall require,
except in circumstances to which paragraph 4 of this Article applies, the prior presentation
of a certificate of origin and, where the import is from a State which has included
that species in Appendix III, an export permit.
4. In the case of re-export, a certificate granted by the Management Authority of
the State of re-export that the specimen was processed in that State or is being
re-exported shall be accepted by the State of import as evidence that the provisions
of the present Convention have been complied with in respect of the specimen concerned.
Article VI
Permits and Certificates
1. Permits and certificates granted under the provisions of Articles III, IV, and
V shall be in accordance with the provisions of this Article.
2. An export permit shall contain the information specified in the model set forth
in Appendix IV, and may only be used for export within a period of six months from
the date on which it was granted.
3. Each permit or certificate shall contain the title of the present Convention,
the name and any identifying stamp of the Management Authority granting it and a
control number assigned by the Management Authority.
4. Any copies of a permit or certificate issued by a Management Authority shall be
clearly marked as copies only and no such copy may be used in place of the original,
except to the extent endorsed thereon.
5. A separate permit or certificate shall be required for each consignment of specimens.
6. A Management Authority of the State of import of any specimen shall cancel and
retain the export permit or re-export certificate and any corresponding import permit
presented in respect of the import of that specimen.
7. Where appropriate and feasible a Management Authority may affix a mark upon any
specimen to assist in identifying the specimen. For these purposes "mark"
means any indelible imprint, lead seal or other suitable means of identifying a specimen,
designed in such a way as to render its imitation by unauthorized persons as difficult
as possible.
Article VII
Exemptions and Other Special Provisions Relating to Trade
1. The provisions of Articles III, IV and V shall not apply to the transit or transhipment
of specimens through or in the territory of a Party while the specimens remain in
Customs control.
2. Where a Management Authority of the State of export or re-export is satisfied
that a specimen was acquired before the provisions of the present Convention applied
to that specimen, the provisions of Articles III, IV and V shall not apply to that
specimen where the Management Authority issues a certificate to that effect.
3. The provisions of Articles III, IV and V shall not apply to specimens that are
personal or household effects. This exemption shall not apply where:
(a) in the case of specimens of a species included in Appendix I, they were acquired
by the owner outside his State of usual residence, and are being imported into that
State; or
(b) in the case of specimens of species included in Appendix II:
(i) they were acquired by the owner outside his State of usual residence and in a
State where removal from the wild occurred;
(ii) they are being imported into the owner's State of usual residence; and
(iii) the State where removal from the wild occurred requires the prior grant of
export permits before any export of such specimens; unless a Management Authority
is satisfied that the specimens were acquired before the provisions of the present
Convention applied to such specimens.
4. Specimens of an animal species included in Appendix I bred in captivity for commercial
purposes, or of a plant species included in Appendix I artificially propagated for
commercial purposes, shall be deemed to be specimens of species included in Appendix
II.
5. Where a Management Authority of the State of export is satisfied that any specimen
of an animal species was bred in captivity or any specimen of a plant species was
artificially propagated, or is a part of such an animal or plant or was derived therefrom,
a certificate by that Management Authority to that effect shall be accepted in lieu
of any of the permits or certificates required under the provisions of Article III,
IV or V.
6. The provisions of Articles III, IV and V shall not apply to the non-commercial
loan, donation or exchange between scientists or scientific institutions registered
by a Management Authority of their State, of herbarium specimens, other preserved,
dried or embedded museum specimens, and live plant material which carry a label issued
or approved by a Management Authority.
7. A Management Authority of any State may waive the requirements of Articles III,
IV and V and allow the movement without permits or certificates of specimens which
form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling
exhibition provided that:
(a) the exporter or importer registers full details of such specimens with that Management
Authority;
(b) the specimens are in either of the categories specified in paragraph 2 or 5 of
this Article; and (c) the Management Authority is satisfied that any living specimen
will be so transported and cared for as to minimize the risk of injury, damage to
health or cruel treatment.
Article VIII
Measures to Be Taken by the Parties
1. The Parties shall take appropriate measures to enforce the provisions of the present
Convention and to prohibit trade in specimens in violation thereof. These shall include
measures:
(a) to penalize trade in, or possession of, such specimens, or both; and
(b) to provide for the confiscation or return to the State of export of such specimens.
2. In addition to the measures taken under paragraph 1 of this Article, a Party may,
when it deems it necessary, provide for any method of internal reimbursement for
expenses incurred as a result of the confiscation of a specimen traded in violation
of the measures taken in the application of the provisions of the present Convention.
3. As far as possible, the Parties shall ensure that specimens shall pass through
any formalities required for trade with a minimum of delay. To facilitate such passage,
a Party may designate ports of exit and ports of entry at which specimens must be
presented for clearance. The Parties shall ensure further that all living specimens,
during any period of transit, holding or shipment, are properly cared for so as to
minimize the risk of injury, damage to health or cruel treatment.
4. Where a living specimen is confiscated as a result of measures referred to in
paragraph 1 of this Article:
(a) the specimen shall be entrusted to a Management Authority of the State of confiscation;
(b) the Management Authority shall, after consultation with the State of export,
return the specimen to that State at the expense of that State, or to a rescue centre
or such other place as the Management Authority deems appropriate and consistent
with the purposes of the present Convention; and
(c) the Management Authority may obtain the advice of a Scientific Authority, or
may, whenever it considers it desirable, consult the Secretariat in order to facilitate
the decision under sub-paragraph (b) of this paragraph, including the choice of a
rescue centre or other place.
5. A rescue centre as referred to in paragraph 4 of this Article means an institution
designated by a Management Authority to look after the welfare of living specimens,
particularly those that have been confiscated.
6. Each Party shall maintain records of trade in specimens of species included in
Appendices I, II and III which shall cover:
(a) the names and addresses of exporters and importers; and
(b) the number and type of permits and certificates granted; the States with which
such trade occurred; the numbers or quantities and types of specimens, names of species
as included in Appendices I, II and III and, where applicable, the size and sex of
the specimens in question.
7. Each Party shall prepare periodic reports on its implementation of the present
Convention and shall transmit to the Secretariat:
(a) an annual report containing a summary of the information specified in sub-paragraph
(b) of paragraph 6 of this Article; and
(b) a biennial report on legislative, regulatory and administrative measures taken
to enforce the provisions of the present Convention.
8. The information referred to in paragraph 7 of this Article shall be available
to the public where this is not inconsistent with the law of the Party concerned.
Article IX
Management and Scientific Authorities
1. Each Party shall designate for the purposes of the present Convention:
(a) one or more Management Authorities competent to grant permits or certificates
on behalf of that Party; and
(b) one or more Scientific Authorities.
2. A State depositing an instrument of ratification, acceptance, approval or accession
shall at that time inform the Depositary Government of the name and address of the
Management Authority authorized to communicate with other Parties and with the Secretariat.
3. Any changes in the designations or authorizations under the provisions of this
Article shall be communicated by the Party concerned to the Secretariat for transmission
to all other Parties.
4. Any Management Authority referred to in paragraph 2 of this Article shall, if
so requested by the Secretariat or the Management Authority of another Party, communicate
to it impression of stamps, seals or other devices used to authenticate permits or
certificates.
Article X
Trade with States not Party to the Convention
Where export or re-export is to, or import is from, a State not a Party to the present
Convention, comparable documentation issued by the competent authorities in that
State which substantially conforms with the requirements of the present Convention
for permits and certificates may be accepted in lieu thereof by any Party.
Article XI
Conference of the Parties
1. The Secretariat shall call a meeting of the Conference of the Parties not later
than two years after the entry into force of the present Convention.
2. Thereafter the Secretariat shall convene regular meetings at least once every
two years, unless the Conference decides otherwise, and extraordinary meetings at
any time on the written request of at least one-third of the Parties.
3. At meetings, whether regular or extraordinary, the Parties shall review the implementation
of the present Convention and may:
(a) make such provision as may be necessary to enable the Secretariat to carry out
its duties, and adopt financial provisions;
(b) consider and adopt amendments to Appendices I and II in accordance with Article
XV;
(c) review the progress made towards the restoration and conservation of the species included in Appendices I, II and III;
(d) receive and consider any reports presented by the Secretariat or by any Party; and
(e) where appropriate, make recommendations for improving the effectiveness of
the present Convention.
4. At each regular meeting, the Parties may determine the time and venue of the next
regular meeting to be held in accordance with the provisions of paragraph 2 of this
Article.
5. At any meeting, the Parties may determine and adopt rules of procedure for the
meeting.
6. The United Nations, its Specialized Agencies and the International Atomic Energy
Agency, as well as any State not a Party to the present Convention, may be represented
at meetings of the Conference by observers, who shall have the right to participate
but not to vote.
7. Any body or agency technically qualified in protection, conservation or management
of wild fauna and flora, in the following categories, which has informed the Secretariat
of its desire to be represented at meetings of the Conference by observers, shall
be admitted unless at least one-third of the Parties present object:
(a) international agencies or bodies, either governmental or non-governmental, and
national governmental agencies and bodies; and
(b) national non-governmental agencies or bodies which have been approved for this
purpose by the State in which they are located. Once admitted, these observers shall
have the right to participate but not to vote.
Article XII
The Secretariat
1. Upon entry into force of the present Convention, a Secretariat shall be provided
by the Executive Director of the United Nations Environment Programme. To the extent
and in the manner he considers appropriate, he may be assisted by suitable inter-governmental
or non-governmental international or national agencies and bodies technically qualified
in protection, conservation and management of wild fauna and flora.
2. The functions of the Secretariat shall be:
(a) to arrange for and service meetings of the Parties;
(b) to perform the functions entrusted to it under the provisions of Articles XV
and XVI of the present Convention;
(c) to undertake scientific and technical studies in accordance with programmes authorized
by the Conference of the Parties as will contribute to the implementation of the
present Convention, including studies concerning standards for appropriate preparation
and shipment of living specimens and the means of identifying specimens;
(d) to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention;
(e) to invite the attention of the Parties to any matter pertaining to the aims of the present Convention;
(f) to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices;
(g) to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request;
(h) to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature;
(i) to perform any other function as may be entrusted to it by the Parties.
Article XIII
International Measures
1. When the Secretariat in the light of information received is satisfied that any
species included in Appendix I or II is being affected adversely by trade in specimens
of that species or that the provisions of the present Convention are not being effectively
implemented, it shall communicate such information to the authorized Management Authority
of the Party or Parties concerned.
2. When any Party receives a communication as indicated in paragraph 1 of this Article,
it shall, as soon as possible, inform the Secretariat of any relevant facts insofar
as its laws permit and, where appropriate, propose remedial action. Where the Party
considers that an inquiry is desirable, such inquiry may be carried out by one or
more persons expressly authorized by the Party.
3. The information provided by the Party or resulting from any inquiry as specified
in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties
which may make whatever recommendations it deems appropriate.
Article XIV
Effect on Domestic Legislation and International Conventions
1. The provisions of the present Convention shall in no way affect the right of Parties
to adopt:
(a) stricter domestic measures regarding the conditions for trade, taking, possession
or transport of specimens of species included in Appendices I, II and III, or the
complete prohibition thereof; or
(b) domestic measures restricting or prohibiting trade, taking, possession or transport
of species not included in Appendix I, II or III.
2. The provisions of the present Convention shall in no way affect the provisions
of any domestic measures or the obligations of Parties deriving from any treaty,
convention, or international agreement relating to other aspects of trade, taking,
possession or transport of specimens which is in force or subsequently may enter
into force for any Party including any measure pertaining to the Customs, public
health, veterinary or plant quarantine fields.
3. The provisions of the present Convention shall in no way affect the provisions
of, or the obligations deriving from, any treaty, convention or international agreement
concluded or which may be concluded between States creating a union or regional trade
agreement establishing or maintaining a common external Customs control and removing
Customs control between the parties thereto insofar as they relate to trade among
the States members of that union or agreement.
4. A State party to the present Convention, which is also a party to any other treaty,
convention or international agreement which is in force at the time of the coming
into force of the present Convention and under the provisions of which protection
is afforded to marine species included in Appendix II, shall be relieved of the obligations
imposed on it under the provisions of the present Convention with respect to trade
in specimens of species included in Appendix II that are taken by ships registered
in that State and in accordance with the provisions of such other treaty, convention
or international agreement.
5. Notwithstanding the provisions of Articles III, IV and V, any export of a specimen
taken in accordance with paragraph 4 of this Article shall only require a certificate
from a Management Authority of the State of introduction to the effect that the specimen
was taken in accordance with the provisions of the other treaty, convention or international
agreement in question.
6. Nothing in the present Convention shall prejudice the codification and development
of the law of the sea by the United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations
nor the present or future claims and legal views of any State concerning the law
of the sea and the nature and extent of coastal and flag State jurisdiction.
Article XV
Amendments to Appendices I and II
1. The following provisions shall apply in relation to amendments to Appendices I
and II at meetings of the Conference of the Parties:
(a) Any Party may propose an amendment to Appendix I or II for consideration at the
next meeting. The text of the proposed amendment shall be communicated to the Secretariat
at least 150 days before the meeting. The Secretariat shall consult the other Parties
and interested bodies on the amendment in accordance with the provisions of sub-paragraphs
(b) and (c) of paragraph 2 of this Article and shall communicate the response to
all Parties not later than 30 days before the meeting.
(b) Amendments shall be adopted by a two-thirds majority of Parties present and voting.
For these purposes "Parties present and voting" means Parties present and
casting an affirmative or negative vote. Parties abstaining from voting shall not
be counted among the two-thirds required for adopting an amendment.
(c) Amendments adopted at a meeting shall enter into force 90 days after that meeting
for all Parties except those which make a reservation in accordance with paragraph
3 of this Article.
2. The following provisions shall apply in relation to amendments to Appendices I
and II between meetings of the Conference of the Parties:
(a) Any Party may propose an amendment to Appendix I or II for consideration between
meetings by the postal procedures set forth in this paragraph.
(b) For marine species, the Secretariat shall, upon receiving the text of the proposed
amendment, immediately communicate it to the Parties. It shall also consult inter-governmental
bodies having a function in relation to those species especially with a view to obtaining
scientific data these bodies may be able to provide and to ensuring co-ordination
with any conservation measures enforced by such bodies. The Secretariat shall communicate
the views expressed and data provided by these bodies and its own findings and recommendations
to the Parties as soon as possible.
(c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations.
(d) Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under sub-paragraph (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information.
(e) The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible. (f) If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of sub-paragraph (e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.
(g) If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of sub-paragraphs (h) , (i) and (j) of this paragraph.
(h) The Secretariat shall notify the Parties that notification of objection has been received.
(i) Unless the Secretariat receives the votes for, against or in abstention from at least one-half of the Parties within 60 days of the date of notification under sub-paragraph (h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration.
(j) Provided that votes are received from one-half of the Parties, the amendment shall be adopted by a two-thirds majority of Parties casting an affirmative or negative vote.
(k) The Secretariat shall notify all Parties of the result of the vote.
(l) If the proposed amendment is adopted it shall enter into force 90 days after
the date of the notification by the Secretariat of its acceptance for all Parties
except those which make a reservation in accordance with paragraph 3 of this Article.
3. During the period of 90 days provided for by sub-paragraph (c) of paragraph 1
or sub-paragraph (l) of paragraph 2 of this Article any Party may by notification
in writing to the Depositary Government make a reservation with respect to the amendment.
Until such reservation is withdrawn the Party shall be treated as a State not a Party
to the present Convention with respect to trade in the species concerned.
Article XVI
Appendix III and Amendments thereto
1. Any Party may at any time submit to the Secretariat a list of species which it
identifies as being subject to regulation within its jurisdiction for the purpose
mentioned in paragraph 3 of Article II. Appendix III shall include the names of the
Parties submitting the species for inclusion therein, the scientific names of the
species so submitted, and any parts or derivatives of the animals or plants concerned
that are specified in relation to the species for the purposes of sub-paragraph (b)
of Article I.
2. Each list submitted under the provisions of paragraph 1 of this Article shall
be communicated to the Parties by the Secretariat as soon as possible after receiving
it. The list shall take effect as part of Appendix III 90 days after the date of
such communication. At any time after the communication of such list, any Party may
by notification in writing to the Depositary Government enter a reservation with
respect to any species or any parts or derivatives, and until such reservation is
withdrawn, the State shall be treated as a State not a Party to the present Convention
with respect to trade in the species or part or derivative concerned.
3. A Party which has submitted a species for inclusion in Appendix III may withdraw
it at any time by notification to the Secretariat which shall communicate the withdrawal
to all Parties. The withdrawal shall take effect 30 days after the date of such communication.
4. Any Party submitting a list under the provisions of paragraph 1 of this Article
shall submit to the Secretariat a copy of all domestic laws and regulations applicable
to the protection of such species, together with any interpretations which the Party
may deem appropriate or the Secretariat may request. The Party shall, for as long
as the species in question is included in Appendix III, submit any amendments of
such laws and regulations or any interpretations as they are adopted.
Article XVII
Amendment of the Convention
1. An extraordinary meeting of the Conference of the Parties shall be convened by
the Secretariat on the written request of at least one-third of the Parties to consider
and adopt amendments to the present Convention. Such amendments shall be adopted
by a two-thirds majority of Parties present and voting. For these purposes "Parties
present and voting" means Parties present and casting an affirmative or negative
vote. Parties abstaining from voting shall not be counted among the two-thirds required
for adopting an amendment.
2. The text of any proposed amendment shall be communicated by the Secretariat to
all Parties at least 90 days before the meeting.
3. An amendment shall enter into force for the Parties which have accepted it 60
days after two-thirds of the Parties have deposited an instrument of acceptance of
the amendment with the Depositary Government. Thereafter, the amendment shall enter
into force for any other Party 60 days after that Party deposits its instrument of
acceptance of the amendment.
Article XVIII
Resolution of Disputes
1. Any dispute which may arise between two or more Parties with respect to the interpretation
or application of the provisions of the present Convention shall be subject to negotiation
between the Parties involved in the dispute.
2. If the dispute can not be resolved in accordance with paragraph 1 of this Article,
the Parties may, by mutual consent, submit the dispute to arbitration, in particular
that of the Permanent Court of Arbitration at The Hague, and the Parties submitting
the dispute shall be bound by the arbitral decision.
Article XIX
Signature
The present Convention shall be open for signature at Washington until 30th April
1973 and thereafter at Berne until 31st December 1974.
Article XX
Ratification, Acceptance, Approval
The present Convention shall be subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited with the Government
of the Swiss Confederation which shall be the Depositary Government.
Article XXI
Accession
The present Convention shall be open indefinitely for accession. Instruments of accession
shall be deposited with the Depositary Government.
Article XXII
Entry into Force
1. The present Convention shall enter into force 90 days after the date of deposit
of the tenth instrument of ratification, acceptance, approval or accession, with
the Depositary Government.
2. For each State which ratifies, accepts or approves the present Convention or accedes
thereto after the deposit of the tenth instrument of ratification, acceptance, approval
or accession, the present Convention shall enter into force 90 days after the deposit
by such State of its instrument of ratification, acceptance, approval or accession.
Article XXIII
Reservations
1. The provisions of the present Convention shall not be subject to general reservations.
Specific reservations may be entered in accordance with the provisions of this Article
and Articles XV and XVI.
2. Any State may, on depositing its instrument of ratification, acceptance, approval
or accession, enter a specific reservation with regard to:
(a) any species included in Appendix I, II or III; or
(b) any parts or derivatives specified in relation to a species included in Appendix
III.
3. Until a Party withdraws its reservation entered under the provisions of this Article,
it shall be treated as a State not a Party to the present Convention with respect
to trade in the particular species or parts or derivatives specified in such reservation.
Article XXIV
Denunciation
Any Party may denounce the present Convention by written notification to the Depositary
Government at any time. The denunciation shall take effect twelve months after the
Depositary Government has received the notification.
Article XXV
Depositary
1. The original of the present Convention, in the Chinese, English, French, Russian
and Spanish languages, each version being equally authentic, shall be deposited with
the Depositary Government, which shall transmit certified copies thereof to all States
that have signed it or deposited instruments of accession to it.
2. The Depositary Government shall inform all signatory and acceding States and the
Secretariat of signatures, deposit of instruments of ratification, acceptance, approval
or accession, entry into force of the present Convention, amendments thereto, entry
and withdrawal of reservations and notifications of denunciation.
3. As soon as the present Convention enters into force, a certified copy thereof
shall be transmitted by the Depositary Government to the Secretariat of the United
Nations for registration and publication in accordance with Article 102 of the Charter
of the United Nations.
In witness whereof the undersigned Plenipotentiaries, being duly authorized to that
effect, have signed the present Convention.
Done at Washington this third day of March, One Thousand Nine Hundred and Seventy-three.
Appendices I, II and III
valid from 16 October 2003