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CITES CoP16 Digest - Species Survival Network

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

Continued<br />

Continued<br />

46. Personal and household<br />

effects<br />

Cop16 Doc. 46<br />

had not been received.<br />

• Decision15.58 directs Secretariat to: develop an<br />

internet portal on the <strong>CITES</strong> website to disseminate<br />

information related to e-commerce of <strong>CITES</strong>-listed<br />

species; encourage INTERPOL to establish a secure<br />

interactive website or electronic forum containing<br />

information and intelligence regarding Internetrelated<br />

wildlife crime.<br />

• RC 11.3 (Rev. CoP15) on Compliance and enforcement<br />

requests Parties to, inter alia, “submit information to<br />

the Secretariat on methodologies used by agencies<br />

[other than INTERPOL] that may assist in the evaluation<br />

of mechanisms to regulate legal commerce of<br />

<strong>CITES</strong>-listed species via the Internet.”<br />

• Decision 14.64 (Rev. CoP15) directs the SC WG on<br />

Personal and Household Effects to, inter alia:<br />

• clarify the relationship between 'tourist souvenirs',<br />

‘hunting trophies’ and 'personal and household<br />

effects';<br />

• clarify the interpretation of Article VII, para 3 (b), of<br />

the Convention;<br />

• assess whether there are specific species or types<br />

of personal or household effects which, in view<br />

of conservation concerns, would require different<br />

treatment under RC 13.7 (Rev. CoP14) on Control<br />

of trade in personal and household effects;<br />

• collate information about how each Party has<br />

implemented RC 13.7 (Rev. CoP14), particularly<br />

regarding requirements for export permits, and<br />

assess whether this indicates the need to amend<br />

the Resolution; and<br />

• report at each SC until <strong>CoP16</strong> and at <strong>CoP16</strong>.<br />

• the Secretariat has written to INTERPOL.<br />

• The Secretariat:<br />

• encourages Parties to submit requested information;<br />

and<br />

• considers Decision 15.58 implemented.<br />

• Prepared by the Chair of the SC WG on Personal and<br />

Household Effects.<br />

• Reports that the WG has not identified any specific<br />

species or types of personal and household effects<br />

requiring different treatment under RC 13.7 (Rev.<br />

CoP14) and efforts to obtain information from the<br />

Parties on implementation of RC 13.7 (Rev. CoP14)<br />

have been unsuccessful.<br />

• Provides ‘Guidelines for Interpretation of Personal and<br />

Household Effects’ for adoption as an Annex to RC<br />

13.7 (Rev. CoP14).<br />

www.ssn.org<br />

SUPPORT<br />

• SSN recommends that Parties support adoption of the<br />

Guidelines as they may help implementation of a very difficult<br />

exemption.<br />

• SSN recommends the following amendments to the<br />

Guidelines to improve clarity:<br />

• amend paras 2 and 3 to make clear that the<br />

exemption would NOT apply to a specimen being<br />

imported into the person’s State of usual residence:<br />

“2. Article VII, para 3 (a), excludes Appendix I specimens<br />

…acquired outside the person’s country of<br />

usual residence and are being imported to the person’s<br />

State of usual residence…..”<br />

“3. Article VII, para 3 (b), excludes Appendix II specimens<br />

…removal from the wild occurred, is being imported to<br />

the person’s State of usual residence, AND where that<br />

country ….”; and<br />

• amend para 15 to bring the legal status of the specimen<br />

considered for exemption in the exporting State<br />

closer into line with the Convention text:<br />

• “Tourist souvenirs … will be exempted as personal<br />

effects if both the country of import and export implements<br />

the personal and household effects exemption...”<br />

The reason for this suggested change is that not requiring<br />

an export permit for a specimen may not be the same<br />

thing as recognizing the personal effects exemption (i.e.<br />

the specimen could be considered as not requiring an<br />

export permit because it falls under another Article VII<br />

exemptions (for example pre-Convention specimens).<br />

67

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