National Legislation
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CITES is an international treaty that requires countries to adopt national legislation to implement its obligations. Effective implementation is impossible without adequate national laws. Developing such legislation requires linking wildlife trade policy development to the laws, with policy providing the basis for procedures and practices that ensure coherence, transparency, consistency and efficiency. National legislation must incorporate CITES provisions, regulate trade, enforce penalties, and designate authorities.
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National Legislation
- 1. 1 Convention on International Trade in Endangered Species of Wild Fauna and Flora www.CITES.org National legislation
- 2. 2 Overview • Basic principles of legislation to implement CITES • Developing CITES legislation Photo: WWF
- 3. 3 Basic principles of legislation to implement CITES
- 4. 4 Treaty incorporation • CITES is an international treaty which is not self- executing upon a country’s adherence • The implementation of CITES obligations requires that policy, powers, rights, duties and procedures be set forth in national legislation • Effective CITES implementation is impossible without an adequate legal basis at national level • Trade should not be allowed unless adequate legislation is in force
- 5. 5 Socio-economic aspects of legislation • Legislation reflects the State’s policy choice on the management of its biological resources (e.g. trade in all wildlife, trade in selected species, trade in captive bred or artificially propagated specimens, non- commercial trade, trade ban) • It determines the ownership of those resources, whether and how they will be commercialized as well as who will benefit
- 6. 6 General provisions • Purpose • Conformity with CITES • Scope (all animals and plants in CITES Appendices) • Definitions (consistent with Convention and Resolutions) • Links to related legislation (environmental, natural resource, customs/trade, criminal/civil codes)
- 7. 7 Institutions • Designation • Structure • Powers, functions (MA, SA, enforcement authorities) • Relationships with other authorities and coordination • Role of traders, public and NGOs • Funding mechanism
- 8. 8 Regulation of trade • Import/export/re-export/introduction from the sea (transit/transhipment) • Permits/certificates/marking/transport conditions • Licensing/registration/records (trade, breeding) • Border and internal trade control (limited entry points) • Exemptions and special provisions
- 9. 9 Enforcement measures • Prohibit trade and/or transit without proper documents • Prohibit possession, transport, and trade without proof of legal acquisition • Penalize fraud/non-compliance • Confiscate specimens illegally traded and/or possessed • Education and incentives
- 10. 10 • Adequacy of penalty in relation to offense • Increased on subsequent offenses • Fine, imprisonment, ban on future trade activities, forfeiture, other • Corporate liability • National/regional harmonization • Fines directed towards enforcement Enforcement measures
- 12. 12 Developing CITES legislation • Creating and adopting effective and enforceable legislation is not an easy task • Effective legislation is not just a piece of paper but the practical solution to a problem • Enforceable legislation is that which is realistic in terms of what can be achieved within a country’s particular context and its human or financial resources
- 13. 13 Developing CITES legislation • The legislative provisions for implementing CITES in each Party are similar, though Parties may have different legal structures, national policies, culture, species in trade, or types of trade • All Parties, however, should have a solid legal foundation for regulating international wildlife trade • It is only through legislation that is adequate, up to date and efficiently enforced that CITES can really work
- 14. 14 Developing CITES legislation • It is the prerogative of each Party to decide how it incorporates CITES obligations into national legislation, taking into account its needs and legal practice • However, to assist with this process, the Secretariat has prepared a Model Law to use as an example
- 15. 15 Developing CITES legislation • There are generally three main options when developing legislation: – amend existing provisions in various legislative texts related to wildlife, natural resources, Customs, import/export and environment – include a CITES chapter or CITES provisions in comprehensive wildlife, biodiversity or environment legislation, or – enact CITES-specific legislation
- 16. 16 Developing CITES legislation • The four minimum requirements for adequate CITES-implementing legislation are stated in a general way in Resolution Conf. 8.4: 1. Designation of national CITES authorities 2. Prohibition of trade in violation of the Convention 3. Penalization of illegal trade 4. Authorization to confiscate specimens illegally traded or possessed
- 17. 17 Linking wildlife trade policy development and CITES legislation • CITES-implementing legislation should not be seen as a burdensome and stand-alone obligation but rather as the necessary framework for defining and implementing national wildlife trade policies for the conservation of and non-detrimental trade in all CITES-listed species
- 18. 18 Linking wildlife trade policy development and CITES legislation • Wildlife policy development is an essential precursor to drafting adequate legislation • A clear policy basis facilitates the introduction of procedures and practices to ensure: – coherence and predictability of the legislation – transparency of legal rights and obligations – consistency, fairness and due process in legislative application, and – efficiency of management and ease of implementation
- 19. 19 Linking wildlife trade policy development and CITES legislation • The choice of a wildlife policy, of course, is the prerogative of each Party – What is important is for this policy choice to be made thoughtfully, in consultation with stakeholders, and to be reflected fully and accurately in legislation – Policies that discourage trade in all wild-taken specimens of animals and plants or that encourage trade in captive-bred animals or artificially propagated plants may not necessarily benefit the conservation of biodiversity
- 20. 20 Summary • CITES is an international treaty which is not self- executing upon a country’s adherence • The implementation of CITES obligations requires that policy, powers, rights, duties and procedures be set forth in national legislation • Effective CITES implementation is impossible without an adequate legal basis at national level • Wildlife policy development is an essential precursor to drafting adequate legislation • A clear policy basis facilitates the introduction of procedures and practices
Editor's Notes
- Informal Enforcement Action Informal actions comprise any communication from Enforcement officers or the Management Authority to the facility that identifies a problem. These include letters and phone calls and are often used to attempt to remedy minor violations. A notice of violation (NOV) is sent to alert the facility of its non-compliance and requires a response. If no steps are taken to remedy the situation, a warning letter is often sent, which outlines the consequent enforcement actions to be taken. A notice of deficiency (NOD) is sent when a permit applicant has not submitted all information required to assess the application. Failure to submit this information can result in permit denial, further enforcement action, or both. Although not appropriate for significant violations, informal actions such as NOVs and NODs can be effective means of returning facilities to compliance.