1

Reservations

CITES Secretariat

2

Reservations

• Any Party can make a specific reservation with respect to:

– Any species listed in Appendix I or II (within 90 days after the amendment of the Appendix concerned)

Article XV, paragraph 3

– Any species or any part or derivative specified in relation to a species listed in Appendix III (any time)

Article XVI, paragraph 2

- Any of the above at the moment of depositing its instrument of ratification, acceptance, approval or accession

Article XXIII, paragraph 2

3

Reservations

• The effect of such a reservation is that, until withdrawn, the Party is treated as being a non-Party to the Convention regarding trade in the species concerned

Article XXIII, paragraph 3

4

Reservations

• Parties with reservations with regard to:

– The transfer of a species from Appendix II to I

• should continue to treat that species as if it remained in Appendix II (for all purposes, including documentation and control)

– The inclusion of a species in Appendix I

• should treat that species as if it were listed in Appendix II (for all purposes, including documentation and control)

Resolution Conf. 4.25 (Rev. CoP14)

5

Reservations

IMPORTANT

• When a Party has entered a reservation with regard to an Appendix-II listing, it will be treated like a non-Party

• It must issue comparable documentation, in which it refers to the species as being included in Appendix II

6

Reservations

• The same Resolution recommends that, for accurate monitoring of international trade in CITES species, Parties with reservations nevertheless include data on trade in the species concerned in their annual reports

7

Reservations

• A reservation may be entered or withdrawn by written notification to the Depositary Government

– In practice this means a diplomatic note or letter signed by the Head of the State, the Head of Government or the Minister of Foreign Affairs which is sent or given to the Ministry of Foreign Affairs of Switzerland in Bern or to any Swiss diplomatic mission in the world

8

Reservations

Example: species in Appendix I

• Reservation by the exporting country but not by the importing country:

– Export country (reservation):

• An export permit (indicating Appendix I) should be issued in accordance with the provisions of Article IV (species included in Appendix II)

– Import country (no reservation):

• An import permit and an export permit are required in accordance with the provisions of Article IV (species included in Appendix I)

9

Reservations

Example: species in Appendix I

• Reservation by the importing country but not by the exporting country

– Export county (no reservation):

• An export permit is required, issued in accordance with the provision of Article III, AFTER issuance of an import permit

– Import country (reservation)

• Only an export permit or a re-export certificate is required

10

Reservations

Example: species in Appendix II or III

• Reservation by the exporting country but not by the importing country:

– Export Country (reservation):

• No document is required

– Import Country (no reservation):

• A comparable document (as for non-Parties) or an export permit (Appendix II) or a certificate of origin is required (Appendix III)

11

Reservations

Caution

• Reservations made by importing Parties create loopholes through which specimens illegally acquired in the countries of origin may find legal markets

• Therefore, all Parties should strictly verify export documents originating in such countries of origin with the respective Management Authorities [Resolution Conf. 11.3 (Rev. CoP16)]

12

CITES SecretariatGeneva