|
December 23, 2004
REVOKED March 14, 2005
Archived March 14, 2005
Subject: Trade Restrictions on CITES-Listed Wildlife
from India
Background:The U.S. Fish & Wildlife
Service received notice from the CITES Secretariat that
India failed to adopt required CITES legislation or submit
an adequate CITES legislative plan to satisfactorily implement
and enforce the Convention on International Trade in Endangered
Species upon import, export, and re-export. This failure
poses a serious threat to many endangered and threatened
species. India has been a member of CITES since 1976.
The Endangered Species Act prohibits trade (import, export,
re-export) in specimens traded contrary to the CITES Convention.
Articles II and VIII of CITES require that countries take
appropriate measures to enforce the provisions of the treaty
and to prohibit trade in specimens that are in violation.
CITES permits and certificates may only be issued and considered
valid when it is determined that the specimens have been
legally acquired.
As a member of CITES, the United States is committed to
carrying out decisions and policies approved by CITES countries
that reflect appropriate interpretations of the treaty.
Based upon the lack of implementing legislation in India,
the United States cannot establish legal origin of wildlife
that is exported or re-exported from India. Any export permits
or re-export certificates issued by India for commercial
shipments are considered invalid, and such shipments may
not be imported directly from India or through an intermediary
country. In addition, the United States cannot allow commercial
export or re-export of CITES-listed specimens from the United
States to India since there are no enforcement provisions
in place to ensure that the Convention is being implemented.
Action: Effective immediately,
the United States will prohibit the commercial import of
CITES-listed specimens from India, or CITES-listed specimens
with an origin of India. The United States will also prohibit
the commercial export-or re-export of CITES-listed specimens
to India, or the commercial re-export of CITES-listed specimens
with an origin of India, until further notice. Any such
shipments are subject to seizure and forfeiture.
|
