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CITES CoP16 Digest - Species Survival Network

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DOCUMENT BACKGROUND / CURRENT STATUS EFFECT OF DOCUMENT SSN VIEW<br />

60<br />

35. Improving the efficiency<br />

of international<br />

cooperation on<br />

permit and certificate<br />

verification<br />

Cop16 Doc. 35<br />

• Regarding permit verification, RC 12.3 (Rev. CoP15)<br />

on Permits and certificates recommends that Parties:<br />

• verify permit authenticity whenever irregularities<br />

are suspected;<br />

• check with Secretariat when they have serious<br />

doubts about validity of permits; and<br />

• check the e-mails and telefaxes they receive confirming<br />

the validity of permits, in order to ensure<br />

that information that appears on them, including<br />

the numbers, corresponds to that in the <strong>CITES</strong><br />

Directory.<br />

• Prepared by China.<br />

• Proposes adoption of a Resolution recommending,<br />

inter alia, that:<br />

• Parties take all possible measures to prevent falsification<br />

of export permits or certificates;<br />

• Parties respond to a request from another Party<br />

to verify a permit or certificate within ten working<br />

days and, if not possible, indicate, within ten days,<br />

a date when information will be provided (not to<br />

exceed 30 working days from request);<br />

• if the Party fails to respond, that the requesting<br />

Party not accept the permit; and<br />

• Secretariat assist Parties with permit and certificate<br />

verification, bring to attention of SC repeated failure<br />

of a Party to verify permits or certificates; and bring<br />

to attention of Parties any increasing trend in use of<br />

fraudulent permits or certificates for a species.<br />

SUPPORT<br />

• SSN urges Parties to support this practical proposal which<br />

will improve implementation and enforcement of the<br />

Convention.<br />

36. Decision-making<br />

mechanism for a<br />

process of trade in ivory<br />

Cop16 Doc. 36<br />

• Decision 14.77 directs SC to propose for approval by<br />

<strong>CoP16</strong> “a decision-making mechanism for a process<br />

of trade in ivory under the auspices of the Conference<br />

of the Parties.”<br />

• SC57 approved commissioning an independent study<br />

on the Decision-Making Mechanism (DMM) to be<br />

conducted; a draft report (in English only) was distributed<br />

to range States and stakeholders in March<br />

2012 and the final report at SC62 (SC62 Doc. 46.4,<br />

Annex).<br />

• At SC62, several Parties expressed concern that:<br />

lack of French translation had prevented feedback<br />

from all range States, the report did not meet the<br />

terms of reference (ToR), the mechanism proposed<br />

was not consistent with their interpretation of what<br />

a DMM should be as per Decision 14.77, and that<br />

Decision 14.77 needed to be extended and clarified<br />

accordingly.<br />

• SC62 directed Secretariat to produce a report with<br />

recommendations for <strong>CoP16</strong> after seeking further<br />

stakeholders’ comments on the draft report, and to<br />

consult stakeholders on production of this document<br />

in English and in French.<br />

• States that principal aim of Decision 14.77 is to<br />

establish a basis for agreeing upon how to make<br />

decisions, under <strong>CITES</strong>, on:<br />

• whether or not there should be international trade<br />

in elephant ivory,<br />

• the circumstances under which such trade could<br />

take place, and<br />

• related institutional and financial arrangements.<br />

• States that were such decisions made by the CoP,<br />

“trade in ivory could take place under the auspices of<br />

the SC in accordance with the criteria and conditions<br />

of the agreed trade regime.”<br />

• Proposes that the DMM could:<br />

• clarify on what basis CoP could make a decision<br />

authorizing commercial trade in ivory from<br />

Appendix-II populations;<br />

• specify conditions and criteria to be met for such<br />

trade to take place;<br />

• explain in detail the organization and management<br />

of any future trade in ivory;<br />

Continued<br />

OPPOSE<br />

• SSN strongly opposes restricting proposed WG to 10 range<br />

States; all range States, as primary stakeholders, have a<br />

fundamental interest in development of DMM, and any<br />

process to implement Decision 14.77 should ensure their<br />

full participation. SSN recommends that if a 10-range-<br />

State WG is approved, it should report its findings to a<br />

meeting of all range States; recommendations of this<br />

meeting should then be reported to SC.<br />

• SSN recommends that Parties not consider the consultant’s<br />

report submitted to SC62 as a resource the WG<br />

should take into consideration. SSN agrees with views<br />

expressed by several Parties at SC62 and throughout<br />

the consultation process that the report disregarded the<br />

agreed ToR, and that it should not serve as a basis for<br />

developing any future DMM.<br />

• SSN recommends that Parties reject the requirement<br />

that the DMM should “explain in detail the organization<br />

and management of any future trade in ivory” or should<br />

decide on “the institutional and financial arrangements”<br />

for ivory trade. SSN believes that in adopting Decision<br />

14.77, Parties intended the DMM not to be a mechanism<br />

for the regulation of a future ivory trade, but a process for<br />

deciding whether such trade could take place.<br />

Continued

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