CONVENTION
ON INTERNATIONAL
TRADE IN ENDANGERED
SPECIES OF WILD FAUNA AND FLORA
Contents
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
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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 III and amendments thereto
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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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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:
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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;
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(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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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(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.
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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;
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(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
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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;
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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.
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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:
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(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.
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(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.
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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
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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
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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.