Code of Federal Regulations (alpha)

CFR /  Title 50  /  Part 23  /  Sec. 23.26 When is a U.S. or foreign CITES document valid?

(a) Purpose. Article VIII of the Treaty provides that Parties take appropriate measures to enforce the Convention to prevent illegal trafficking in wildlife and plants.

(b) Original CITES documents. A separate original or a true copy of a CITES document must be issued before the import, introduction from the sea, export, or re-export occurs, and the document must accompany each shipment. No copy may be used in place of an original except as provided in Sec. 23.23(e)(3) or when a shipment is in transit (see Sec. 23.22). Fax or electronic copies are not acceptable.

(c) Acceptance of CITES documents. We will accept a CITES document as valid for import, introduction from the sea, export, or re-export only if the document meets the requirements of this section, Sec. Sec. 23.23 through 23.25, and the following conditions: ------------------------------------------------------------------------

(1) Altered or The CITES document has not been altered (including

modified CITES by rubbing or scratching out), added to, or

document modified in any way unless the change is validated

on the document by the stamp and authorized

signature of the issuing Management Authority, or

if the document was issued as a partially completed

document, the Management Authority lists on the

face of the document which blocks must be completed

by the permit holder.------------------------------------------------------------------------(2) Annual reports The Party issuing the CITES document has submitted

annual reports and is not subject to any action

under Article VIII paragraph 7(a) that would not

allow trade in CITES species.------------------------------------------------------------------------(3) CITES document U.S. and foreign CITES documents must meet the

general provisions and criteria in subparts C and

E.------------------------------------------------------------------------(4) Conditions All conditions on the CITES document are met.------------------------------------------------------------------------(5) Convention The Party issuing the CITES document is not subject

implementation to any action under Article VIII or Article XIII

paragraph 3 that would not allow trade in the

species.------------------------------------------------------------------------(6) Extension of The validity of a CITES document may not be extended

validity except as provided in Sec. 23.73 for certain

timber species.------------------------------------------------------------------------(7) Fraudulent The CITES document is authentic and does not contain

CITES document or erroneous or misleading information.

CITES document

containing false

information------------------------------------------------------------------------(8) Humane Live wildlife or plants were transported in

transport compliance with the International Air Transport

Association Live Animals Regulations (for animals)

or the International Air Transport Association

Perishable Cargo Regulations (for plants)

(incorporated by reference, see Sec. 23.9).------------------------------------------------------------------------(9) Legal The Party or non-Party issuing the CITES document

acquisition has made the required legal acquisition finding.------------------------------------------------------------------------(10) Management The CITES document was issued by a Party or non-

Authority and Party that has designated a Management Authority

Scientific and Scientific Authority and has provided

Authority information on these authorities to the

Secretariat.------------------------------------------------------------------------(11) Name of A CITES document is specific to the name on the face

importer and of the document and may not be transferred or

exporter assigned to another person.------------------------------------------------------------------------(12) Non-detriment The Party or non-Party issuing the CITES document

has made the required non-detriment finding.------------------------------------------------------------------------(13) Phytosanitary A phytosanitary certificate may be used to export

certificate artificially propagated plants only if the issuing

Party has provided copies of the certificates,

stamps, and seals to the Secretariat.------------------------------------------------------------------------(14) Quota For species with a quota on file with the

Secretariat, the quantity exported from a country

does not exceed the quota.------------------------------------------------------------------------(15) Registered (i) The operation is included in the Secretariat's

commercial register.

breeding (ii) Each specimen is specifically marked, and the

operation for mark is described on the CITES document.

Appendix-I

wildlife------------------------------------------------------------------------(16) Registered The operation is included in the Secretariat's

commercial register.

nursery for

Appendix-I plants------------------------------------------------------------------------(17) Retrospective A CITES document was not issued retrospectively

CITES documents except as provided in Sec. 23.53.------------------------------------------------------------------------(18) Shipment The contents of the shipment match the description

contents of specimens provided on the CITES document,

including the units and species. A shipment cannot

contain more or different specimens or species than

certified or validated on the CITES document at the

time of export or re-export; the quantity of

specimens validated or certified may be less, but

not more, than the quantity stated at the time of

issuance.------------------------------------------------------------------------

(19) Wild- A wild-collected specimen (indicated on the CITES

collected document with a source code of ``W'') is not coming

specimen from a country that is outside the range of the

species, unless we have information indicating that

the species has been established in the wild in

that country through accidental introduction or

other means.------------------------------------------------------------------------

(d) Verification of a CITES document. We may request verification of a CITES document from the Secretariat or a foreign Management Authority before deciding whether to accept it under some circumstances, including, but not limited to, the following:

(1) We receive reliable information that indicates the need for CITES document verification.

(2) We have reasonable grounds to believe that a CITES document is not valid or authentic because the species is being traded in a manner detrimental to the survival of the species or in violation of foreign wildlife or plant laws, or any applicable Management or Scientific Authority finding has not been made.

(3) The re-export certificate refers to an export permit that does not exist or is not valid.

(4) The CITES document includes a species for which the Secretariat has published an annotated quota.

(5) We have reasonable grounds to believe that the document is fraudulent, contains false information, or has unauthorized changes.

(6) We have reasonable grounds to believe that the specimen identified as bred in captivity or artificially propagated is a wild specimen, was produced from illegally acquired parental stock, or otherwise does not qualify for these exemptions.

(7) We know or have reasonable grounds to believe that an Appendix-I specimen was not bred at a facility registered with the CITES Secretariat and that the purpose of the import is commercial.

(8) The import of a specimen designated as bred in captivity or artificially propagated is from a non-Party. For an Appendix-I specimen, we must consult with the Secretariat.

(9) For a retrospectively issued CITES document, both the importing and exporting or re-exporting countries' Management Authorities have not agreed to the issuance of the document.

(10) For a replacement CITES document, we need clarification of the reason the document was issued.

(11) The export permit or re-export certificate does not contain validation or certification by an inspecting official at the time of export of the actual quantity exported or re-exported. [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30423, May 27, 2014]