Commonwealth Numbered Acts

WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 No. 149 of 1982 - SCHEDULE 8

SCHEDULE 8
Sub-section 4 (1) (Definition of ''Convention'') CONVENTION ON INTERNATIONAL
TRADE IN ENDANGERED SPECIES OF WILD FAUNA
AND FLORA

PREAMBLE

The Contracting States,

Recognizing that the 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 cooperation 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 cooperation 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 minimise 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 minimise 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 minimise 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 minimise 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 minimise 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 minimise 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, where 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
trans-shipment of specimens through or in the territory of a Party while the
specimens remain in Customs control.

2. Where a Management Authority of the State of export or re-export is
satisfied that a specimen was acquired before the provisions of the present
Convention applied to that specimen, the provisions of Articles III, IV and V
shall not apply to that specimen where the Management Authority issues a
certificate to that effect.

3. The provisions of Articles III, IV and V shall not apply to specimens that
are personal or household effects. This exemption shall not apply where:

   (a)  in the case of specimens of a species included in Appendix I,
they were acquired by the owner outside his State of usual residence, and are
being imported into that State; or

   (b)  in the case of specimens of species included in Appendix II:

        (i)    they were acquired by the owner outside his State of usual
               residence
and in a State where removal from the wild occurred:

        (ii)   they are being imported into the owner's State of usual
               residence;
and

        (iii)  the State where removal from the wild occurred requires the
               prior
grant of export permits before any export of such specimens;

unless a Management Authority is satisfied that the specimens were acquired
before the provisions of the present Convention applied to such specimens.

4. Specimens of an animal species included in Appendix I bred in captivity for
commercial purposes, or of a plant species included in Appendix I artificially
propagated for commercial purposes, shall be deemed to be specimens of species
included in Appendix II.

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 Articles 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 categories specified in
paragraphs 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 minimise 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 minimise 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 places 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 Depository 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 impressions 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 provisions as may be necessary to enable the
Secretariat to carry out its duties;

   (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 adopt rules of procedure for
the meeting.

6. The United Nations, its Specialized Agencies and the International Atomic
Energy Agency, as well as any State not a party to the present Convention, may
be represented at meetings of the Conference by observers, who shall have the
right to participate but not to vote.

7. Any body or agency technically qualified in protection, conservation or
management of wild fauna and flora, in the following categories, which has
informed the Secretariat of its desire to be represented at meetings of the
Conference by observers, shall be admitted unless at least one-third of the
Parties present object:

   (a)  international agencies or bodies, either governmental or
non-governmental, and national governmental agencies and bodies; and

   (b)  national non-governmental agencies or bodies which have been
approved for this purpose by the State in which they are located. Once
admitted, these observers shall have the right to participate but not to vote.

ARTICLE XII

The Secretariat

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-government 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
programs 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 Appendices 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 Appendices 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 inter-governmental bodies having a function in relation to
those species especially with a view to obtaining scientific data these bodies
may be able to provide and to ensuring co-ordination with any conservation
measures enforced by such bodies. The Secretariat shall communicate the views
expressed and data provided by these bodies and its own findings and
recommendations to the Parties as soon as possible.

   (c)  For species other than marine species, the Secretariat shall,
upon receiving the text of the proposed amendment, immediately communicate it
to the Parties, and, as soon as possible thereafter, its own recommendations.

   (d)  Any Party may, within 60 days of the date on which the
Secretariat communicated its recommendations to the Parties under
sub-paragraphs (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
the 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 new
interpretations 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 cannot 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 Goverment 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.