Convention on International Trade In Endangered Species of Wild Fauna and Flora, Washington 1973 as amended on 22 June 1979 and 30 April 1983
Multilateral
Copyright (C) 1983 Multilateral
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1983-04-30
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1
Convention on International Trade In Endangered Species of Wild Fauna
and Flora, Washington 1973 as amended on 22 June 1979 and 30 April 1983
2
The Contracting States,
3
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;
4
Conscious of the ever growing value of wild fauna and flora from
aesthetic, scientific, cultural, recreational and economic points of
view;
5
Recognizing that peoples and States are and should be the best
protectors of their own wild fauna and flora;
6
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;
7
Convinced of the urgency of taking appropriate measures to this end;
8
Have agreed as follows:
9
Article I - Definitions
10
For the purpose of the present Convention, unless the context otherwise
requires:
11
(a) "Species" means any species, subspecies, or geographically separate
population thereof;
12
(b) "Specimen" means:
13
(i) any animal or plant, whether alive or dead;
14
(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
15
(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;
16
(c) "Trade" means export, re-export, import and introduction from the
sea;
17
(d) Re-export" means export of any specimen that has previously been
imported;
18
(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;
19
(f) "Scientific Authority" means a national scientific authority
designated in accordance with Article IX;
20
(g) "Management Authority" means a national management authority
designated in accordance with Article IX;
21
(h) "Party" means a State for which the present Convention has entered
into force.
22
Article II - Fundamental Principles
23
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.
24
2. Appendix II shall include:
25
(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
26
(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.
27
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.
28
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.
29
Article III - Regulation of Trade in Specimens of Species Included in
Appendix I
30
1. All trade in specimens of species included in Appendix I shall be in
accordance with the provisions of this Article.
31
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:
32
(a) a Scientific Authority of the State of export has advised that such
export will not be detrimental to the survival of that species;
33
(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;
34
(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 a Management
Authority of the State of export is satisfied that an import permit has
been granted for the specimen.
35
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:
36
(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;
37
(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
38
(c) a Management Authority of the State of import is satisfied that the
specimen is not to be used for primarily commercial purposes.
39
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:
40
(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;
41
(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
42
(c) a Management Authority of the State of re-export is satisfied that
an import permit has been granted for any living specimen.
43
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:
44
(a) a Scientific Authority of the State of introduction advises that
the introduction will not be detrimental to the survival of the species
involved;
45
(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
46
(c) a Management Authority of the State of introduction is satisfied
that the specimen is not to be used for primarily commercial purposes.
47
Article IV - Regulation of Trade in Specimens of Species Included in
Appendix II
48
1. All trade in specimens of species included in Appendix II shall be
in accordance with the provision of this Article.
49
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:
50
(a) a Scientific Authority of the State of export has advised that such
export will not be detrimental to the survival of that species;
51
(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
52
(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.
53
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.
54
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.
55
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:
56
(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
57
(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.
58
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:
59
(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
60
(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.
61
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.
62
Article V - Regulation of Trade in Specimens of Species Included in
Appendix III
63
1. All trade in specimens of species included in Appendix III shall be
in accordance with the provisions of this Article.
64
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:
65
(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
66
(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.
67
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.
68
4. In the case of re-export, a certificate granted by a 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.
69
Article VI - Permits and Certificates
70
1. Permits and certificates granted under the provisions of Articles
III, IV, and V shall be in accordance with the provisions of this
Article.
71
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.
72
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.
73
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.
74
5. A separate permit or certificate shall be required for each
consignment of specimens.
75
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.
76
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.
77
Article VII - Exemptions and Other Special Provisions Relating to Trade
78
1. The provisions of Articles III, IV and V shall not apply to the
transit or trans-shipment of specimens through or in the territory of a
Party while the specimens remain in Customs control.
79
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.
80
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:
81
(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
82
(b) in the case of specimens of species included in Appendix II:
83
(i) they were acquired by the owner outside his State of usual
residence and in a State where removal from the wild occurred;
84
(ii) they are being imported into the owner's State of usual residence;
and
85
(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.
86
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.
87
5. Where a Management Authority of the State of export is satisfied
that any specimen of an animal species was bred in captivity or any
specimen of a plant species was artificially propagated, or is a part
of such an animal or plant or was derived therefrom, a certificate by
that Management Authority to that effect shall be accepted in lieu of
any of the permits or certificates required under the provisions of
Articles III, IV or V.
88
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.
89
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:
90
(a) the exporter or importer registers full details of such specimens
with that Management Authority;
91
(b) the specimens are in either of the categories specified in
paragraphs 2 or 5 of this Article; and
92
(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.
93
Article VIII - Measures to be Taken by the Parties
94
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:
95
(a) to penalize trade in, or possession of, such specimens, or both;
and
96
(b) to provide for the confiscation or return to the State of export of
such specimens.
97
2. In addition to the measures taken under paragraph 1 of this Article,
a Party may, when it deems it necessary, provide for any methods 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.
98
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.
99
4. Where a living specimen is confiscated as a result of measures
referred to in paragraph 1 of this Article:
100
(a) the specimen shall be entrusted to a Management Authority of the
State of confiscation;
101
(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
102
(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.
103
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.
104
6. Each Party shall maintain records of trade in specimens of species
included in Appendices I, II and III which shall cover:
105
(a) the names and addresses of exporters and importers; and
106
(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.
107
7. Each Party shall prepare periodic reports on its implementation of
the present Convention and shall transmit to the Secretariat:
108
(a) an annual report containing a summary of the information specified
in sub-paragraph (b) of paragraph 6 of this Article; and
109
(b) a biennial report on legislative, regulatory and administrative
measures taken to enforce the provisions of the present Convention.
110
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.
111
Article IX - Management and Scientific Authorities
112
1. Each Party shall designated for the purpose of the present
Convention:
113
(a) one or more Management Authorities competent to grant permits or
certificates on behalf of that Party; and
114
(b) one or more Scientific Authorities.
115
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.
116
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.
117
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.
118
Article X - Trade with States not Party to the Convention
119
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.
120
Article XI - Conference of the Parties
121
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.
122
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.
123
3. At meetings, whether regular or extraordinary, the Parties shall
review the implementation of the present Convention and may:
124
(a) make such provision as may be necessary to enable the Secretariat
to carry out its duties, [and adopt financial provisions];1
125
(b) consider and adopt amendments to Appendices I and II in accordance
with Article XV;
126
(c) review the progress made towards the restoration and conservation
of the species included in Appendices I, II and III;
127
(d) receive and consider any reports presented by the Secretariat or by
any Party; and
128
(e) where appropriate, make recommendations for improving the
effectiveness of the present Convention.
129
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.
130
5. At any meeting, the Parties may determine and adopt rules of
procedure for the meeting.
131
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.
132
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:
133
1 The phrase in brackets is the Financial Amendment (1979) which became
effective April 13, 1987.
134
(a) international agencies or bodies, either governmental or
non-governmental, and national governmental agencies and bodies; and
135
(b) national non-governmental agencies or bodies which have been
approved for this purpose by the State in which they are located.
136
Once admitted, these observers shall have the right to participate but
not to vote.
137
Article XII - The Secretariat
138
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.
139
2. The functions of the Secretariat shall be:
140
(a) to arrange for and service meetings of the Parties;
141
(b) to perform the functions entrusted to it under the provisions of
Articles XV and XVI of the present Convention;
142
(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;
143
(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;
144
(e) to invite the attention of the Parties to any matter pertaining to
the aims of the present Convention;
145
(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;
146
(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;
147
(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; and
148
(i) to perform any other function as may be entrusted to it by the
Parties.
149
Article XIII - International Measures
150
1. When the Secretariat in the light of information received is
satisfied that any species included in Appendices I or II is being
affected adversely by trade in specimens of that species or that the
provisions of the present Convention are not being effectively
implemented, it shall communicate such information to the authorized
Management Authority of the Party or Parties concerned.
151
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.
152
3. The information provided by the Party or resulting from any inquiry
as specified in paragraph 7 of this Article shall be reviewed by the
next Conference of the Parties which may make whatever recommendations
it deems appropriate.
153
Article XIV - Effect on Domestic Legislation and International
Conventions
154
1. The provisions of the present Convention shall in no way affect the
right of Parties to adopt:
155
(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
156
(b) domestic measures restricting or prohibiting trade, taking,
possession, or transport of species not included in Appendices I, II or
III.
157
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.
158
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 agreement.
159
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 obligation
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.
160
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.
161
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.
162
Article XV - Amendments to Appendices I and II
163
1. The following provisions shall apply in relation to amendments to
Appendices I and II at meetings of the Conference of the Parties:
164
(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-para-graphs (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.
165
(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.
166
(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.
167
2. The following provisions shall apply in relation to amendments to
Appendices 1 and II between meetings of the Conference of the Parties:
168
(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.
169
(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.
170
(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.
171
(d) Any Party may, within 60 days of the date on which the Secretariat
communicated its recommendations to the Parties under sub-paragraphs
(b) or (c) of this paragraph, transmit to the Secretariat any comments
on the proposed amendment together with any relevant scientific data
and information.
172
(e) The Secretariat shall communicate the replies received together
with its own recommendations to the Parties as soon as possible.
173
(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.
174
(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-paragraph (h), (i) and (j) of this
paragraph.
175
(h) The Secretariat shall notify the Parties that notification of
objection has been received.
176
(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 discussion.
177
(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.
178
(k) The Secretariat shall notify all Parties of the result of the vote.
179
(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.
180
3. During the period of 90 days provided for by sub-paragraph (c) of
paragraph 1 or sub-paragraph (1) 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.
181
Article XVI - Appendix III and Amendments Thereto
182
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.
183
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.
184
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.
185
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 amendment
of such laws and regulations or any new interpretations as they are
adopted.
186
Article XVII - Amendment of the Convention
187
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.
188
2. The text of any proposed amendment shall be communicated by the
Secretariat to all Parties at least 90 days before the meeting.
189
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.
190
Article XVIII - Resolution of Disputes
191
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.
192
2. If the dispute cannot be resolved in accordance with paragraph I 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.
193
Article XIX - Signature
194
The present Convention shall be open for signature at Washington until
30th April
195
1973 and thereafter at Berne until 31st December 1974.
196
Article XX - Ratification, Acceptance, Approval
197
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.
198
Article XXI - Accession
199
1. The present Convention shall be open indefinitely for accession.
Instruments of accession shall be deposited with the Depositary
Government.
200
2. This Convention shall be open for accession by regional economic
integration organizations constituted by sovereign States which have
competence in respect of the negotiation, conclusion and implementation
of international agreements in matters transferred to them by their
Member States and covered by this Convention.
201
3. In their instruments of accession, such organizations shall declare
the extent of their competence with respect to the matters governed by
the Convention. These organizations shall also inform the Depositary
Government of any substantial modification in the extent of their
competence. Notifications by regional economic integration
organizations concerning their competence with respect to matters
governed by this Convention and modifications thereto shall be
distributed to the Parties by the Depositary Government.
202
4. In matters within their competence, such regional integration
organizations shall exercise the rights and fulfil the obligations
which this Convention attributes to their Member States, which are
Parties to the Convention. In such cases the Member States of the
organizations shall not be entitled to exercise such rights
individually.
203
5. In the fields of their competence, regional economic integration
organizations shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Parties to the
Convention. Such organizations shall not exercise their right to vote
if their Member States exercise theirs, and vice versa.
204
6. Any reference to "Party" in the sense used in Article I(h) of this
Convention to "State"/"States" or to "State Party"/"States Parties" to
the Convention shall be construed as including a reference to any
regional economic integration organization having competence in respect
of the negotiation, conclusion and application of international
agreements in matters covered by this Convention]1
1
The paragraphs in square brackets are an amendment to the Convention
which was adopted at an extraordinary meeting of the Conference of the
Parties in Gaborone (Botswana) on 30 April 1983. The amendment is not
yet in force. It will enter into force when it has been formally
accepted by 54 of the 80 States which were Parties to the Convention on
that date.
205
Article XXII - Entry into Force
206
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.
207
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.
208
Article XXIII - Reservations
209
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.
210
2. Any State may, on depositing its instrument of ratification,
acceptance, approval or accession, enter a specific reservation with
regard to:
211
(a) any species included in Appendix I, II or III; or
212
(b) any parts or derivatives specified in relation to a species
included in Appendix III.
213
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.
214
Article XXIV - Denunciation
215
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.
216
Article XXV - Depositary
217
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.
218
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.
219
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.
220
In witness whereof the undersigned Plenipotentiaries, being duly
authorized to that effect, have signed the present Convention.
221
Done at Washington this third day of March, One Thousand Nine Hundred
Seventy-three
222
Endnotes
223
Endnotes