Code of Federal Regulations (alpha)

CFR /  Title 50  /  Part 23  /  Sec. 23.21 What happens if a country enters a reservation for a

(a) Purpose. CITES is not subject to general reservations. Articles XV, XVI, and XXIII of the Treaty allow a Party to enter a specific reservation on a species listed in Appendix I, II, or III, or on parts, products, or derivatives of a species listed in Appendix III.

(b) General provision. A Party can enter a reservation in one of the following ways:

(1) A Party must provide written notification to the Depositary Government (Switzerland) on a specific new or amended listing in the Appendices within 90 days after the CoP that adopted the listing, or at any time for Appendix-III species.

(2) A country must provide written notification on a specific species listing when the country ratifies, accepts, approves, or accedes to CITES.

(c) Requesting the United States take a reservation. You may submit information relevant to the issue of whether the United States should take a reservation on a species listing to the U.S. Management Authority. The request must be submitted within 30 calendar days after the last day of the CoP where a new or amended listing of a species in Appendix I or II occurs, or at any time for a species (or its parts, products, or derivatives) listed in Appendix III.

(d) Required CITES documents. Except as provided in paragraph (d)(2) of this section, Parties treat a reserving Party as if it were a non-Party for trade in the species concerned (including parts, products, and derivatives, as appropriate). The following table indicates when CITES documents must accompany a shipment and which Appendix should appear on the face of the document: ------------------------------------------------------------------------

(1) The shipment is between a Party and a The shipment must be

reserving Party, or the shipment is from accompanied by a valid

a non-Party to a reserving Party and is CITES document(s) (see Sec.

in transit through a Party 23.26) that indicates the

CITES Appendix in which the

species is listed.------------------------------------------------------------------------(2) The shipment is from a reserving Party The shipment must be

to another reserving Party \1\ or non- accompanied by a valid

Party and is in transit through a Party CITES document(s) (see Sec.

23.26) that indicates the

CITES Appendix in which the

species is listed. \2\------------------------------------------------------------------------(3) The shipment is between a reserving No CITES document is

Party and another reserving Party \1\ or required. \2\

non-Party and is not in transit through a

Party------------------------------------------------------------------------\1\ Both reserving Parties must have a reservation for the same species,

and if the species is listed in Appendix III, a reservation for the

same parts, products, and derivatives.\2\ CITES recommends that reserving Parties treat Appendix-I species as

if listed in Appendix II and issue CITES documents based on Appendix-

II permit criteria (see Sec. 23.36). However, the CITES document

must show the specimen as listed in Appendix I. If the United States

entered a reservation, such a CITES document would be required.

(e) Reservations taken by countries. You may consult the CITES website or contact us (see Sec. 23.7) for a list of countries that have taken reservations and the species involved.