The attached information arrived today and may be of some interest to many of us that import/export involving the U.S. I have not yet read the full regulations and so may be missing some fine interpretation, but this synopsis bodes ill for everyone except the bureaucrats.
I should draw special attention to the paragraph entitled "Use of CITES species. . ." and "Personal and household effects. . ." Enjoy! :-) Paul Begin forwarded message: > Subject: Fwd: Revision of CITES regulations effective 9/24/2007 > > >> Date: September 20, 2007 7:22:40 AM CDT >> To: [EMAIL PROTECTED] >> Subject: FW: Revision of CITES regulations effective 9/24/2007 >> Reply-To: Scientific Permits issues <[EMAIL PROTECTED]> >> >> >> >> >> >> >> >> >> >> >>  >> >> September 18, 2007 >> >> >> Subject: Revision of U.S. CITES Regulations >> >> Background: On August 23, 2007, the U.S. Fish and Wildlife >> Service (Service) published afinal rule updating regulations that >> implement the Convention on International Trade in Endangered >> Species (CITES) in the United States (50 CFR Part 23). These >> regulations incorporate resolutions that have been adopted by >> CITES member nations since the late 1970s and that have already >> been put into effect over the years. >> >> Written in plain language, the new regulations provide a >> comprehensive, easy-to-use guide on how to trade in CITES species. >> Most parts of the new regulations explain procedures and >> requirements that are already in effect. A few provisions, >> however, are new and may change some aspects of how individuals, >> businesses, and institutions import and export CITES species. >> >> Action: The Service’s revised CITES regulations go into effect >> on September 24, 2007. We strongly encourage all those who import >> or export CITES species to review these regulations as they may >> clarify existing procedures and provide a better understanding of >> permit requirements, recordkeeping, permit validity, and other >> aspects of trading in CITES-listed wildlife and plants. >> >> Although these regulations for the most part restate current CITES >> requirements and Service policies and procedures that have already >> been implemented, we call attention to the following changes: >> >> Validation (§§ 23.23(c)(21), 23.26(c)(18), and 23.27): The >> appropriate inspection authority must validate all CITES documents >> at the time of export or re-export. (Such validation confirms that >> the actual quantity of CITES specimens in the shipment does not >> exceed the quantity authorized for trade on the CITES document.) >> The Service will no longer accept CITES documents for imports of >> CITES species that have not been validated; such shipments will be >> considered unlawful and may be detained or seized. >> >> Required information for CITES documents (§ 23.23): The new >> regulations specify that CITES documents must contain certain >> required information to be considered valid. Some required >> information must appear on all CITES documents (e.g., date of >> issue and expiration; complete description of the specimen; >> scientific name; a unique document control number; the complete >> name and address of the exporter and importer, including country; >> purpose of the transaction; quantity, etc.). The regulations also >> specify certain additional information that must appear on >> specific types of CITES documents. >> >> Use of CITES species after import (§ 23.55): The new regulations >> clarify that any conditions placed on the use of CITES specimens >> at the time of import will continue to determine the allowable use >> of CITES wildlife or plants once they are in the United States. >> Since most Appendix I and certain Appendix II specimens (for >> example, those listed under the U.S. Endangered Species Act) can >> only be imported for noncommercial purposes, any subsequent use of >> those specimens, including transfer, donation, or exchange, must >> also be noncommercial. >> >> Registration of commercial breeding operations for Appendix I >> species (§ 23.46): The new regulations require operations that >> breed Appendix I wildlife for commercial purposes to be registered >> with the Service for each Appendix I species maintained at the >> operation. Registered breeding operations will be able to export >> Appendix I species for commercial purposes with a CITES export >> permit; no import permit will be required. >> >> In the past, most U.S. commercial breeders of Appendix I wildlife >> have applied for permits under Article III of the treaty instead >> of registering their operations. In the future, the Service will >> issue permits to such applicants under this article only in >> exceptional circumstances. >> >> Caviar labeling (§ 23.71): The new regulations implement the CITES- >> recommended universal labeling system for containers of sturgeon >> and paddlefish caviar. Sturgeon caviar imports, exports, and re- >> exports must bear non-reusable labels affixed by the caviar >> processing plant in the country of origin showing all of the >> following information: a standardized species code; source code; >> two-letter ISO code of the country of origin; year of harvest; and >> processing plant code and identification number. The regulations >> also codify labeling requirements for caviar that has been >> repackaged before export or re-export. >> >> Definition of sport-hunted trophy (§ 23.74(b)): The new >> regulations define sport-hunted trophy as the "raw or tanned parts >> of a specimen that was taken by a hunter, who is also the >> importer, exporter, or re-exporter, during a sport hunt for >> personal use." The definition goes on to clarify that bones, >> claws, hair, head, hide, hooves, horns, meat, skull, teeth, tusks, >> or any taxidermied part (such as a rug or taxidermied head, >> shoulder, or full mount) will be considered sport-hunted trophies. >> Handicraft items or items manufactured from the trophy for >> utilitarian use (such as clothing, curios, ornamentation, and >> jewelry) cannot be imported or exported as sport-hunted trophies. >> >> Tagging (§§ 23.69(c), 23.70(d), and 23.74(d)): The new >> regulations state that self-locking tags (such as those required >> for certain skins and hides imported as sport-hunted trophies) >> must actually be inserted through the skin. >> >> Personal and household effects (§ 23.5 and § 23.15): The new >> regulations provide a more detailed explanation of how people may >> travel with personal CITES items and move them when they change >> residence from one country to another. The regulations define >> personal and household effects and clarify when such items are >> exempt from CITES permit requirements. >> >> Personal effects (which include tourist souvenirs lawfully >> purchased overseas) are specifically defined as dead wildlife or >> plant specimens worn as clothing or accessories or carried by >> travelers in the baggage that accompanies them on the same plane, >> train, or other conveyance. Items must meet specific criteria >> cited in the regulations (see below); specimens that are mailed or >> shipped separately do not qualify for the exemption. >> >> Household effects consist of dead wildlife or plant specimens that >> are shipped as part of a household move and that meet other >> requirements cited in the regulations (see below). Such items must >> have been acquired before owners change their residence, and they >> must be imported or exported within one year of the change of >> residence. >> >> The regulations specify that the exemption for personal and >> household effects does not apply to live specimens (including eggs >> and seeds) or to specimens listed in Appendix I (except for >> certain pre-Convention worked African elephant ivory). Nor does it >> apply if the importing, exporting, or re-exporting country >> requires a CITES document (some CITES member nations have not >> exempted personal and household effects from permit requirements). >> The items must be for personal use (not commercial use, as defined >> in § 23.5), and the quantity and nature must be reasonably >> appropriate for the trip or move. >> >> The regulations also identify specimens for which CITES member >> nations have set limits on the number that may be imported or >> exported as personal and household effects. These specimens >> include sturgeon caviar, seahorses, crocodilian parts and >> products, queen conch and giant clam shells, and cacti rainsticks. >> When quantities of these items exceed the established limits, a >> CITES document will be required for the entire amount (not just >> the items in excess of the limit). >> >> Contact: >> U.S. Fish and Wildlife Service >> Office of Law Enforcement >> 703-358-1949; 703-358-2271 (fax) >> [EMAIL PROTECTED] (email) >> >> Modified on September 18, 2007 >> >> >> >> • Privacy/Disclaimer Statement • FOIA >> >> >> >> >> >> >> >> >> >> >> > _______________________________________________ the OrchidGuide Digest (OGD) orchids@orchidguide.com http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
