Text of the CITES Convention

Text of the Convention
Contents
Article I

Definitions .................................................................................................................. 1

Article II

Fundamental principles ............................................................................................. 2

Article III

Regulation of trade in specimens of species included in Appendix I....................... 2

Article IV

Regulation of trade in specimens of species included in Appendix II...................... 3

Article V

Regulation of trade in specimens of species included in Appendix III..................... 4

Article VI

Permits and certificates ............................................................................................. 4

Article VII

Exemptions and other special provisions relating to trade ...................................... 5

Article VIII

Measures to be taken by the Parties ........................................................................ 6

Article IX

Management and Scientific Authorities .................................................................... 7

Article X

Trade with States not party to the Convention ......................................................... 7

Article XI

Conference of the Parties ......................................................................................... 7

Article XII

The Secretariat .......................................................................................................... 8

Article XIII

International measures ............................................................................................. 9

Article XIV

Effect on domestic legislation and international conventions .................................. 9

Article XV

Amendments to Appendices I and II ....................................................................... 10

Article XVI

Appendix III and amendments thereto ................................................................... 11

Article XVII

Amendment of the Convention ............................................................................... 12

Article XVIII

Resolution of disputes ............................................................................................. 12

Article XIX

Signature ................................................................................................................. 12

Article XX

Ratification, acceptance, approval .......................................................................... 13

Article XXI

Accession ................................................................................................................ 13

Article XXII

Entry into force ........................................................................................................ 13

Article XXIII

Reservations ........................................................................................................... 14

Article XXIV

Denunciation ........................................................................................................... 14

Article XXV

Depositary ............................................................................................................... 14

Convention on International Trade
in Endangered Species of Wild Fauna and Flora
Signed at Washington, D.C., on 3 March 1973
Amended at Bonn, on 22 June 1979
Amended at Gaborone, on 30 April 1983

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.

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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.

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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.

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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, 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 reexport 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
1.

Permits and certificates

Permits and certificates granted under the provisions of Articles III, IV, and V shall be in
accordance with the provisions of this Article.

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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 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 Article III, IV or V.

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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 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
1.

Measures to be taken by the Parties

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 subparagraph (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

Text of the Convention – 6

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
1.

Management and Scientific Authorities

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.

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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 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 onethird 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;

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(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

1.

Effect on domestic legislation
and international conventions

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

Text of the Convention – 9

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
1.

Amendments to Appendices I and II

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 subparagraphs (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.

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(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 subparagraph (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)

3.

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.

During the period of 90 days provided for by sub-paragraph (c) of paragraph 1 or subparagraph (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 subparagraph (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.

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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 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 twothirds 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.

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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

1.

The present Convention shall be open indefinitely for accession. Instruments of accession shall
be deposited with the Depositary Government.

2.

This Convention shall be open for accession by regional economic integration organizations
constituted by sovereign States which have competence in respect of the negotiation,
conclusion and implementation of international agreements in matters transferred to them by
their Member States and covered by this Convention.

3.

In their instruments of accession, such organizations shall declare the extent of their
competence with respect to the matters governed by the Convention. These organizations
shall also inform the Depositary Government of any substantial modification in the extent of
their competence. Notifications by regional economic integration organizations concerning
their competence with respect to matters governed by this Convention and modifications
thereto shall be distributed to the Parties by the Depositary Government.

4.

In matters within their competence, such regional economic integration organizations shall
exercise the rights and fulfil the obligations which this Convention attributes to their Member
States, which are Parties to the Convention. In such cases the Member States of the
organizations shall not be entitled to exercise such rights individually.

5.

In the fields of their competence, regional economic integration organizations shall exercise
their right to vote with a number of votes equal to the number of their Member States which
are Parties to the Convention. Such organizations shall not exercise their right to vote if their
Member States exercise theirs, and vice versa.

6.

Any reference to “Party” in the sense used in Article I (h) of this Convention to “State”/”States”
or to “State Party”/”State Parties” to the Convention shall be construed as including a
reference to any regional economic integration organization having competence in respect of
the negotiation, conclusion and application of international agreements in matters covered by
this Convention.

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.

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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.

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