CITES CoP16 Digest - Species Survival Network
CITES CoP16 Digest - Species Survival Network
CITES CoP16 Digest - Species Survival Network
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DOCUMENT BACKGROUND / CURRENT STATUS EFFECT OF DOCUMENT SSN VIEW<br />
28. National laws for<br />
implementation of the<br />
Convention<br />
Cop16 Doc. 28<br />
• RC 8.4 (Rev. CoP15) on National laws for implementation<br />
of the Convention instructs the SC to determine<br />
which Parties have not adopted appropriate measures<br />
for effective implementation of the Convention and to<br />
consider appropriate compliance measures, which<br />
may include recommendations to suspend trade.<br />
• Decisions 15.38 to 15.41, inter alia, direct SC61 and<br />
SC62 to review the progress of Parties in adopting<br />
appropriate measures for implementation of <strong>CITES</strong>.<br />
• Provides draft Decisions (Annex 1) for adoption that,<br />
inter alia:<br />
• direct SC66 to recommend a suspension of commercial<br />
trade in specimens of <strong>CITES</strong>-listed species<br />
with those Parties that have failed to adopt appropriate<br />
measures for effective implementation of<br />
the Convention and to determine appropriate measures<br />
when exceptional circumstances prevent a<br />
Party from enacting legislation by SC66; and<br />
SUPPORT<br />
• SSN urges Parties to support the document; appropriate<br />
implementing legislation is a requirement for ensuring<br />
that the Convention achieves its purpose.<br />
• SSN urges Parties to ensure that funds from the <strong>CITES</strong><br />
Trust Fund are allocated to providing assistance to Parties<br />
on national legislation.<br />
29. Enforcement matters<br />
Cop16 Doc. 29<br />
• Compliance with <strong>CITES</strong> is addressed by two<br />
Resolutions: RC 11.3 (Rev. CoP15) on Compliance<br />
and enforcement and RC 14.3 on <strong>CITES</strong> compliance<br />
procedures.<br />
• direct Secretariat, subject to external funding, to<br />
provide legal advice and assistance to Parties as<br />
necessary.<br />
• Provides an updated legislative status chart (Annex 2).<br />
• Recommends that Decisions 15.38–15.41 be deleted.<br />
• Reports on Secretariat’s activities on compliance and<br />
enforcement since CoP15.<br />
• Notes that Secretariat distributes alerts through the<br />
restricted-access Enforcement Authority Forum on<br />
the <strong>CITES</strong> website, and that “The forum is the primary<br />
means that the Secretariat uses to reach out to the<br />
law enforcement community.”<br />
• Notes that training materials have been developed by<br />
INTERPOL and the World Customs Organization (WCO)<br />
including a handbook describing wildlife smuggling<br />
concealment techniques and manuals on questioning<br />
wildlife smugglers and controlled deliveries.<br />
• Proposes amendments to RC 11.3 (Rev. CoP15) (Annex<br />
1) that include, inter alia:<br />
• references to the ICCWC, and recent regional and<br />
international resolutions/declarations related to<br />
wildlife crime;<br />
• recommending that Parties use the ICCWC Wildlife<br />
and forest crime analytic toolkit; and<br />
• recommending that Parties increase use of wildlife<br />
forensic technology and specialized investigation<br />
techniques, such as controlled deliveries, in investigation<br />
of wildlife crimes, and implement national<br />
legislation to combat money laundering and facilitate<br />
asset forfeiture.<br />
SUPPORT<br />
• SSN recommends that Parties support the draft Decisions.<br />
• SSN recommends that Parties support the proposed revision<br />
of RC 11.3 (Rev. CoP15) with the following additional<br />
amendments, Regarding application of Article XIII:<br />
• Paragraph b): “when, within one year six months, the<br />
information requested has not been provided, Parties<br />
provide the Secretariat with justification of the reasons<br />
for which they have not been able to respond”;<br />
Parties should respond in a more timely manner.<br />
• Paragraph c): “if major compliance matters concerning<br />
particular Parties are brought to the attention of<br />
the Secretariat, the Secretariat inform the Standing<br />
Committee and work with the Parties concerned to<br />
try to solve the matter and offer advice or technical<br />
assistance as required;” all major compliance matters<br />
should be brought to the attention of the SC. The<br />
Secretariat should not wait to inform the SC until a<br />
response has been received from the Party involved,<br />
as this may take a year or more.<br />
• Paragraph d) “if it does not appear a solution can be<br />
readily achieved, the Secretariat bring the matter to<br />
the attention of the Standing Committee, which may<br />
pursue the matter in direct contact with the Party concerned<br />
with a view to helping to find a solution, and by<br />
Continued<br />
Continued<br />
www.ssn.org<br />
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