CITES and the Trade in Endangered Species

In one line

CITES regulates the trade in a species rather than the killing of it, and it works because the permit must be produced at both ends of the transaction.

In exam wording: the Convention on International Trade in Endangered Species of Wild Fauna and Flora was signed at Washington on 3 March 1973 and entered into force on 1 July 1975; Article II establishes three Appendices, Article III governs trade in specimens of species included in Appendix I, Article IV in Appendix II and Article V in Appendix III, and the whole system operates through export permits, import permits, re-export certificates and the determinations of national Management and Scientific Authorities.

Article II: the three Appendices

Paragraph 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 authorised in exceptional circumstances.

Paragraph 2. Appendix II shall include all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilisation incompatible with their survival; and other species which must be subject to regulation in order that trade in specimens of certain species referred to in the first limb may be brought under effective control. That second limb is the look-alike provision: a species may be listed because its specimens cannot be told apart from those of a listed one.

Paragraph 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. A Party lists a species in Appendix III unilaterally.

Paragraph 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 Convention.

The distinction between the three Appendices is the single most examinable thing in this chapter. Appendix I is by decision of the Conference and is nearly a ban; Appendix II is by decision of the Conference and is a controlled trade; Appendix III is by unilateral listing and is an information and cooperation device.

Article III: Appendix I

Trade requires the prior grant and presentation of both an export permit and an import permit, and that is what makes Appendix I different from everything else in this book.

An export permit shall only be granted when a Scientific Authority of the State of export has advised that the export will not be detrimental to the survival of the species; a Management Authority is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; a Management Authority 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 a Management Authority is satisfied that an import permit has been granted.