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Type
Resolution
Status
Active

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Keywords
national law, trade, implementation
Full text

National laws for implementation of the Convention

RECALLING that Article VIII requires all Parties to take appropriate measures to enforce the provisions of the Convention and to prohibit trade in specimens in violation thereof, including measures to penalize trade in, or possession of, such specimens, and to provide for the confiscation or return to the State of export of such specimens;

RECALLING ALSO that Article IX requires that each Party designate at least one Management Authority and one Scientific Authority;

RECALLING FURTHER that Article VIII, paragraph 3, requires each Party, as far as possible, to ensure that specimens pass through any formalities required for trade with a minimum of delay;

ACKNOWLEDGING the adoption of Resolution Conf. 14.2 on the CITES Strategic Vision: 2008-2013, particularly Objective 1.1 that Parties comply with their obligations under the Convention through appropriate policies, legislation and procedures;

RECOGNIZING that the CITES National Legislation Project was established in 1992 and has provided legislative analyses and assistance to Parties since that time;

RECALLING Resolution Conf. 11.3 (Rev. CoP15), adopted by the Conference of the Parties at its 11th meeting (Gigiri, 2000) and amended at its 13th, 14th and 15th meetings (Bangkok, 2004; The Hague, 2007; Doha, 2010), which expresses the Parties' conviction that enforcement of the Convention must be of constant concern to the Parties if the objectives of the Convention are to be fulfilled;

NOTING that substantial progress has been achieved, but that approximately half of the Parties have not yet taken the appropriate measures to enforce the provisions of the Convention;

THE CONFERENCE OF THE PARTIES TO THE CONVENTION

1. DIRECTS the Secretariat, within available resources:

a)    to identify those Parties whose domestic measures do not provide them with the authority to:

       i)     designate at least one Management Authority and one Scientific Authority;

       ii)    prohibit trade in specimens in violation of the Convention;

       iii)    penalize such trade; or

       iv)   confiscate specimens illegally traded or possessed;

b)    to seek from each Party so identified information indicating the procedures, action and time-frames that are envisaged in order to  adopt, as a matter of the highest priority, the measures necessary for effective implementation of the Convention; and

c)    to report its findings, recommendations or progress to the Standing Committee and at each meeting of the Conference of the Parties;

2. URGES all Parties that have not adopted appropriate measures for effective implementation of the Convention to do so and inform the Secretariat when such measures have been adopted;

3. INSTRUCTS the Standing Committee to determine which Parties have not adopted appropriate measures for effective implementation of the Convention and to consider appropriate compliance measures, which may include recommendations to suspend trade, in accordance with Resolution Conf. 14.3;

4. DIRECTS the Secretariat to seek external funding to enable it to provide technical assistance to Parties in the development of their measures to implement the Convention; and

5. INVITES all Parties, governmental, intergovernmental and non-governmental organizations and other sources to provide financial and/or technical assistance for the development and effective implementation of such measures.

* Amended at the 14th and 15th meetings of the Conference of the Parties.