Basic Principles Of Legislation To Implement CITES
1CITES SecretariatBasic principles oflegislation toimplement CITES
2Treaty incorporation CITES is an international treaty which is not selfexecuting upon a country’s adherence (i.e.agreement to be legally bound by its provisions) The implementation of CITES obligations requiresthat policy, powers, rights, duties and procedures beset forth in national legislation Effective CITES implementation is impossible withoutan adequate legal basis at national level Trade should not be allowed unless adequatelegislation is in force
3What is legislation? Legislation represents national policy on why, howand which wildlife resources must be managed It creates an administrative framework andprocedures for managing those resources It authorizes the collection and evaluation of relevantinformation and the taking of decisions It places obligations and restrictions on people whohandle the resources and provides incentives It encourages proper use, monitors compliance andpunishes illegal practice
4Socio-economic aspects of legislation Legislation reflects the State’s policy choice on themanagement of its biological resources– e.g. trade in all wildlife, trade in selected species, trade incaptive bred or artificially propagated specimens, noncommercial trade, trade ban It determines the ownership of those resources,whether and how they will be commercialized as wellas who will benefit Sound national legislation helps to change people’sattitudes and behaviours
5How is legislation developed and applied? Conception: analysis of the problem, policy options,objectives, means and future evaluation Development: writing of legislative text, choice ofthe form (law, decree, ordinance), choice ofprocedure (parliamentary or administrative), choiceof compliance scheme and enactment Implementation: application, compliance monitoringand enforcement Future evaluation: assessment of the legislation’seffectiveness, that is, whether its objectives areachieved
6Legislative elements GENERALPROVISIONS REGULATION OFTRADE INSTITUTIONS COMPLIANCEMEASURES
7General provisions Purpose Conformity withCITES Scope (all animals andplants in CITES Appendices) Definitions(consistent withConvention andResolutions) Links to relatedlegislation(environmental,natural resource,customs/trade,criminal/civil codes)
8Institutions Designation Structure Powers, functions(MA, SA, enforcementauthorities) Relationships withother authorities andcoordination Role of traders,public and NGOs Funding mechanism
9Regulation of trade Import/export/re-export/introduction from thesea (transit / transhipment) Permits/certificates/marking/transportconditions Licensing/registration/records (trade, breeding) Border and internal trade control(limited entry points) Exemptions and specialprovisions
10Compliance measures Prohibit trade/transit without proper documents Prohibit possession, transport, and tradewithout proof of legal acquisition Penalize fraud/non-compliance Confiscate specimens illegallytraded/possessed Education/incentives
11Compliance measures Adequacy of penalty in relation to offense Increased on subsequent offenses Fine, imprisonment, ban on future tradeactivities, forfeiture, other Corporate liability National/regional harmonization Fines directed towardsenforcement
12Elements to consider when preparinglegislation Legislation should be realistic in the context of humanand financial resources available to implement it Legislation should be flexible and should take intoaccount special circumstances of the country Legislation should be simple and clear New or amended legislation should be viewed inrelation to existing, relevant legislation Holistic biodiversity legislation should be considered If stand-alone legislation is chosen, fragmentationshould be avoided
13Domestic legislation could be a maze
14Legislation in a broaderinternational context
15CITES SecretariatGeneva
Basic principles of legislation to implement CITES CITES Secretariat. 2 Treaty incorporation CITES is an international treaty which is not self-executing upon a country's adherence (i.e. agreement to be legally bound by its provisions) The implementation of CITES obligations requires
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