(a) Purpose. Article VII(5) of the Treaty grants an exemption to plants that are artificially propagated when a Management Authority issues a certificate.
(b) U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of a certificate for artificially propagated Appendix-I, -II, or -III plants:
(1) The certificate for artificially propagated plants and any subsequent re-export certificate must show the source code as ``A'' for artificially propagated.
(2) For an Appendix-I specimen that satisfies the requirements of this section, no CITES import permit is required.
(c) U.S. application form. Complete Form 3-200-33 and submit it to the U.S. Management Authority.
(d) Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: ----------------------------------------------------------------------------------------------------------------
Appendix of the specimen
Criteria for a certificate for ------------------------------------------------------------ Section
(1) The plant was artificially Yes Yes Yes 23.64
propagated.----------------------------------------------------------------------------------------------------------------
(2) The plant specimen is one of the Yes n/a n/a ............
following:(i) Was propagated for noncommercial
purposes.(ii) Is part of a traveling
exhibition.(iii) Is a hybrid of one or more
Appendix-I species or taxa that is
not annotated to treat hybrids as
Appendix-I specimens and was
propagated for commercial or
noncommercial purposes.----------------------------------------------------------------------------------------------------------------(3) The scientific name of the species Yes Yes Yes 23.23
is the standard nomenclature in the
CITES Appendices or the references
adopted by the CoP.----------------------------------------------------------------------------------------------------------------(4) The live plant will be prepared Yes Yes Yes 23.23
and shipped so as to minimize risk of
injury, damage to health, or cruel
treatment of the specimen.----------------------------------------------------------------------------------------------------------------
(e) U.S. standard conditions. In addition to the conditions in Sec. 23.56, you must meet all of the following conditions:
(1) You may not export or re-export a plant (including its parts, products, or derivatives) under this certificate if the plant was removed from the wild or grown directly from a wild seed or spore, except for plants grown from exempt plant materials that qualify as artificially propagated.
(2) You may not export an Appendix-I species that was propagated for commercial purposes under this certificate, except for hybrids of one or more Appendix-I species or taxa that are not annotated to treat hybrids as Appendix-I specimens. (See Sec. 23.47.)
(3) You may export a native plant under this certificate only when specifically approved for export and listed on the certificate, inventory sheet, or an approved species list.
(4) You may export a specimen under a higher-taxon name only if you identified the taxon in your application and we approved it on this certificate. [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]