阿里山林業鐵路及文化資產管理處

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES)

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, w here 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 s

pecimen, 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 categoriesspecified 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 adoptrules 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 intergovernmental

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 interpretation 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.