Preamble
Article I Definitions
Article II Fundamental principles
Article III Regulation of Trade in Specimens of
Species included in Appendix I
Article IV Regulation of Trade in Specimens of
Species included in Appendix II
Article V Regulation of Trade in Specimens of Species
included in Appendix III
Article VI Permits and Certificates
Article VII Exemptions and Other Special Provisions
Relating to Trade
Article VIII Measures to be Taken by the Parties
Article IX Management and Scientific Authorities
Article X Trade with States not Party to the
Convention
Article XI Conference of the Parties
Article XII The Secretariat
Article XIII International Measures
Article XIV Effect on Domestic Legislation and
International Conventions
Article XV Amendments to Appendices I and II
Article XVI Appendix II and Amendments thereto
Article XVII Amendment of the Convention
Article XVIII Resolution of Disputes
Article XIX Signature
Article XX Ratification, Acceptance, Approval
Article XXI Accession
Article XXII Entry into Force
Article XXIII Reservations
Article XXIV Denunciation
Article XXV Depositary
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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.