Hi list,
I'm afraid there is soem confusion/mixup here.
My understanding from the various contributions to this list is that the shipping of 'List I seedlings in a flask' between countries is not forbidden/hampered by the CITES regulations. This means that such an act complies with CITES regulations and is therfor allowed. In practice this should mean that the purchaser/owner of the flask in the USA, or elsewhere is legally safe with respect to the possession of such a flask with said content.
Quite another thing is the 2 years contract. This has nothing to do with CITES whatsoever. This is a commercial contract between 2 contract parties with the said flask as the subject of the contract. This 2 years contract places restrictions on the use of, and acting with the flask by the purchaser in question. Of course this 2 years contract is legally binding, irrespective where the underwriters are, or live. Again, this 2 years contract has nothing to do with CITES, but is a commercial agreement between 2 parties describing restrictive conditions on goods sold.
The question always is whether in a case like this a selling party will, want, or is able to enforce the contract conditions if the purchasing party is violating the contract conditions.
Met vriendelijke groet,
Guus Möhlmann
Yours Sincerely, MöhltiMedia
Gustaaf R. Möhlmann http://www.mohltimedia.com
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