Convention on International Trade in Endangered Species
of Wild Fauna and Flora
Signed at
Washington, D.C., on 3 March 1973
Amended at
Bonn, on 22 June 1979
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.