Text of the Convention
(See the notes about the Bonn amendment and the
Gaborone amendment)
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:
For the purpose of the present Convention, unless the context otherwise requires:
- "Species" means any species, subspecies, or geographically separate population thereof;
- "Specimen" means:
- any animal or plant, whether alive or dead;
- 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
- 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;
- "Trade" means export, re-export, import and introduction from the sea;
- "Re-export" means export of any specimen that has previously been imported;
- "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;
- "Scientific Authority" means a national scientific authority designated in accordance with Article IX;
- "Management Authority" means a national management authority designated in accordance with Article IX;
- "Party" means a State for which the present Convention has entered into force.
Article II
Fundamental Principles
- 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.
- Appendix II shall include:
- 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
- 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.
- 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.
- 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
- All trade in specimens of species included in Appendix I shall be in accordance with the provisions of this Article.
- 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 Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;
- 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;
- 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.
- 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 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;
- 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
- a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.
- 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 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;
- 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
- a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen.
- 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 Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved;
- 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
- 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
- All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.
- 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 Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;
- 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
- 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.
- 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.
- 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.
- 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 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
- 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.
- 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 Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and
- 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.
- 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
- All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article.
- 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 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
- 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.
- 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.
- 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
- Permits and certificates
granted under the provisions of Articles III, IV, and V shall be in accordance
with the provisions of this Article.
- 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.
- 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.
- 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.
- A separate permit
or certificate shall be required for each consignment of specimens.
- 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.
- 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
- 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.
- 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.
- 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:
- 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
- in the case of specimens
of species included in Appendix II:
- they were acquired
by the owner outside his State of usual residence and in a State where
removal from the wild occurred;
- they are
being imported into the owner's State of usual residence; and
- 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.
- 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.
- 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.
- 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.
- 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:
- the exporter or
importer registers full details of such specimens with that Management Authority;
- the specimens are
in either of the categories specified in paragraph 2 or 5 of this Article;
and
- 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
- 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:
- to penalize trade
in, or possession of, such specimens, or both; and
- to provide for the
confiscation or return to the State of export of such specimens.
- 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.
- 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.
- Where a living specimen
is confiscated as a result of measures referred to in paragraph 1 of this
Article:
- the specimen shall
be entrusted to a Management Authority of the State of confiscation;
- 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
- 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.
- 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.
- Each Party shall maintain
records of trade in specimens of species included in Appendices I, II and
III which shall cover:
- the names and addresses
of exporters and importers; and
- 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.
- Each Party shall prepare
periodic reports on its implementation of the present Convention and shall
transmit to the Secretariat:
- an annual report
containing a summary of the information specified in sub-paragraph (b) of
paragraph 6 of this Article; and
- a biennial report
on legislative, regulatory and administrative measures taken to enforce
the provisions of the present Convention.
- 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
- Each Party shall designate
for the purposes of the present Convention:
- one or more Management
Authorities competent to grant permits or certificates on behalf of that
Party; and
- one or more Scientific
Authorities.
- 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.
- 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.
- 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
- 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.
- 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.
- At meetings, whether
regular or extraordinary, the Parties shall review the implementation of the
present Convention and may:
- make such provision
as may be necessary to enable the Secretariat to carry out its duties, and
adopt financial provisions;
- consider and adopt
amendments to Appendices I and II in accordance with Article XV;
- review the progress made towards the restoration and conservation of
the species included in Appendices I, II and III;
- receive and consider any reports presented by the Secretariat or by
any Party; and
- where appropriate, make recommendations for improving the effectiveness
of the present Convention.
- 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.
- At any meeting, the
Parties may determine and adopt rules of procedure for the meeting.
- 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.
- 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:
- international agencies
or bodies, either governmental or non-governmental, and national governmental
agencies and bodies; and
- 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
- 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.
- The functions of the
Secretariat shall be:
- to arrange for and
service meetings of the Parties;
- to perform the functions
entrusted to it under the provisions of Articles XV and XVI of the present
Convention;
- 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;
- 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;
- to invite the attention of the Parties to any matter pertaining to the
aims of the present Convention;
- 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;
- 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;
- 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;
- to perform any other function as may be entrusted to it by the Parties.
Article XIII
International Measures
- 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.
- 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.
- 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
- The provisions of the
present Convention shall in no way affect the right of Parties to adopt:
- 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
- domestic measures
restricting or prohibiting trade, taking, possession or transport of species
not included in Appendix I, II or III.
- 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.
- 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.
- 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.
- 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.
- 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
- The following provisions
shall apply in relation to amendments to Appendices I and II at meetings of
the Conference of the Parties:
- 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.
- 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.
- 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.
- The following provisions
shall apply in relation to amendments to Appendices I and II between meetings
of the Conference of the Parties:
- Any Party may propose
an amendment to Appendix I or II for consideration between meetings by the
postal procedures set forth in this paragraph.
- 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.
- 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.
- 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.
- The Secretariat shall communicate the replies received together with
its own recommendations to the Parties as soon as possible.
- 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.
- 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.
- The Secretariat shall notify the Parties that notification of objection
has been received.
- 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.
- 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.
- The Secretariat shall notify all Parties of the result of the vote.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- The text of any proposed
amendment shall be communicated by the Secretariat to all Parties at least
90 days before the meeting.
- 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
- 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.
- 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.
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.
The present Convention
shall be open indefinitely for accession. Instruments of accession shall be
deposited with the Depositary Government.
Article XXII
Entry into Force
- 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.
- 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
- 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.
- Any State may, on
depositing its instrument of ratification, acceptance, approval or accession,
enter a specific reservation with regard to:
- any species included
in Appendix I, II or III; or
- any parts or derivatives
specified in relation to a species included in Appendix III.
- 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.
- 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.
- 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.
- 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.