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Home / RLA / On the accession of the Republic of Kazakhstan to the Convention on International Trade in Endangered Species of Wild Fauna and Flora

On the accession of the Republic of Kazakhstan to the Convention on International Trade in Endangered Species of Wild Fauna and Flora

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the accession of the Republic of Kazakhstan to the Convention on International Trade in Endangered Species of Wild Fauna and Flora

The Law of the Republic of Kazakhstan dated April 6, 1999 No. 372-1

       The Republic of Kazakhstan should join the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed in Washington on March 3, 1973.  

     President of the Republic of Kazakhstan  

                                                                    application  

                              Convention on International Trade in Endangered Species of Wild Fauna and Flora* (unofficial text)  

     The Contracting States,        Recognizing that wild fauna and flora in their numerous, beautiful and diverse forms are an indispensable part of the earth's natural systems, which must be preserved for present and future generations,         Aware of the ever-increasing value of wild fauna and flora from the point of view of aesthetics, science, culture, recreation and economics,         Recognizing that peoples and States are and should be the best guardians of their own wild fauna and flora,         Recognizing in addition, That international cooperation is necessary to protect certain species of wild fauna and flora from overexploitation in international trade, Convinced of the urgent need to take appropriate measures to this end,        Have agreed on the following:  

Article I. Definitions  

     For the purposes of this Convention, unless another meaning is required by the meaning:       (a) "Species" means any species, subspecies or geographically isolated population; (b) "Specimen" means: (i)   any animal or plant, living or dead; (ii) with respect to an animal: for species included in         Annexes I and II, any easily identifiable part or derivative thereof; and for species included in Annex III, any easily identifiable part or derivative thereof specified in Annex III in connection with these species; and (iii) with respect to plants: for species included in            Annex I, any easily identifiable part or derivative thereof; and for species included in Annexes II and III, any easily identifiable part or derivative thereof specified in Annexes II and III in connection with these species.        (c) "Trade" means the export, re-export, import and introduction from the sea; (d) "Re-export" means the export of any sample that has previously been imported;        (e) "Introduction from the sea" means the importation into a State of specimens of any kind obtained in a marine environment not under the jurisdiction of any State;         (f) "Scientific body" means a national scientific body designated in accordance with Article IX;         (g) "Administrative authority" means the national administrative authority designated in accordance with Article IX;         (h) "Party" means the State for which this Convention has entered into force.                         Article II. Basic principles 1. Annex I includes all endangered species whose trade has or may have an adverse impact on their existence. Trade in specimens of these species should be particularly strictly regulated so as not to further jeopardize their survival, and should be allowed only in exceptional circumstances.         2. Annex II includes:         (a) all species that are currently, although not necessarily threatened with extinction, but may be so threatened if trade in specimens of such species is not strictly regulated to prevent uses that are incompatible with their survival; and (b) other species that need to be regulated in order to to ensure that effective control can be established over trade in samples of certain species mentioned in subparagraph (a) of this paragraph.         3. Annex III includes all types that, according to the definition of any Party, are subject to regulation within its jurisdiction in order to prevent or limit exploitation and for which the cooperation of other parties in trade control is necessary.         4. The Parties shall permit trade in specimens of species included in Annexes I, II, and III only in accordance with the provisions of this Convention.            

 

Article III. Regulation of trade in specimens of species included in Annex I 1. Any trade in specimens of species included in Annex I shall be carried out in accordance with the provisions of this Article.         2. The export of any specimen of the species included in Annex I requires the prior issuance and presentation of an export permit. An export permit is granted only if the following conditions are met:         (a) The scientific authority of the exporting State has concluded that such exports do not threaten the survival of this species;         (b) The administrative authority of the exporting State has verified that the specimen was not acquired in violation of the laws of that State relating to the protection of fauna and flora;         (c) The administrative Authority of the exporting State has ensured that any live specimen will be prepared and shipped in such a way as to minimize the risk of injury, threat to health or ill-treatment; and (d) the Administrative Authority of the exporting State has ensured that an import permit has been issued for the specimen.         3. The import of any specimen of a species included in Annex I requires the prior issuance and presentation of an import permit and either an export permit or a re-export certificate. An import permit is granted only if the following conditions are met:         (a) The scientific authority of the importing State has concluded that such imports are made for purposes that do not endanger the survival of the species in question; (b) The scientific Authority of the importing State has verified that the intended recipient of the live specimen has adequate facilities for the maintenance and care of the specimen; and (c) The administrative Authority of the importing State has ensured that the sample will not be used primarily for commercial purposes.         4. The re-export of any specimen of the species included in Annex I requires the prior issuance and presentation of a re-export certificate. A re-export certificate is issued only if the following conditions are met:         (a) The administrative authority of the re-exporting State has verified that the sample was imported into that State in accordance with the provisions of this Convention;         (b) The administrative Authority of the re-exporting State has ensured that any live specimen will be prepared and shipped in such a way as to minimize the risk of injury, threat to health or ill-treatment; and (c) the Administrative Authority of the re-exporting State has ensured that an import permit for any live specimen has been issued.         5. The introduction from the sea of a specimen of a species included in Annex I requires the prior issuance of a certificate by the Administrative Authority of the State making the introduction. The certificate is issued only if the following conditions are met:         (a) The scientific authority of the State making the introduction concludes that such an introduction will not endanger the survival of the species.;         (b) The administrative authority of the introducing State has ensured that the intended recipient of the live specimen has adequate facilities for the maintenance and care of the specimen; and (c) the Administrative Authority of the introducing State has ensured that the specimen will not be used primarily for commercial purposes.                

Article IV. Regulation of trade in specimens of species included in Annex II 1. Any trade in specimens of species included in Annex II shall be carried out in accordance with the provisions of this Article.         2. The export of any specimen of the species included in Annex II requires the prior issuance and presentation of an export permit. An export permit is granted only if the following conditions are met:         (a) The scientific authority of the exporting State has concluded that such exports do not threaten the survival of this species;         (b) The administrative Authority of the exporting State has verified that the specimen was not acquired in violation of the laws of that State relating to the protection of fauna and flora; and (c) the Administrative Authority of the exporting State has verified that any live specimen will be prepared and shipped in such a way as to minimize the risk of damage, threats to health or ill-treatment.         3. The scientific authority of each Party controls both the export permits issued by that State for specimens of the species included in Annex II and the actual export of such specimens. If the Scientific Body determines that the export of specimens of any such species should be restricted in order to maintain the species throughout its range at a level consistent with the species' role in the ecosystem in which it occurs and at a higher level than that at which it may be necessary to transfer the species to Annex I. The Scientific Body recommends to the relevant Administrative Body the appropriate measures that should be taken to restrict the issuance of permits for the export of specimens of this species.         4. The import of any specimen of a species included in Annex II requires the prior presentation of either an export permit or a re-export certificate.         5. The re-export of any specimen of the species included in Annex II requires the prior issuance and presentation of a re-export certificate. A re-export certificate is issued only if the following conditions are met:         (a) The administrative authority of the re-exporting State has verified that the sample was imported into that State in accordance with the provisions of this Convention; and (b) The administrative Authority of the re-exporting State has ensured that any live sample will be prepared and shipped in such a way as to minimize the risk of injury, threat to health or ill-treatment.         6. The introduction from the sea of any specimen of a species included in Annex II requires the prior issuance of a certificate by the Administrative Authority of the State making the introduction. The certificate is issued only if the following conditions are met:         (a) The scientific Authority of the State making the introduction concludes that such an introduction will not endanger the survival of the species; and (b) the Administrative Authority of the State making the introduction has ensured that any living specimen will be handled in such a way as to minimize the risk of injury, threat to health or abuse. appeals.         7. The certificates referred to in paragraph 6 of this Article may be issued on the recommendation of a Scientific Authority, after consultation with other national scientific authorities or, where appropriate, with international scientific authorities, for periods not exceeding one year, in respect of the total quantities of specimens to be introduced during such periods.            

 

Article V. Regulation of trade in specimens of species included in Annex III  

     1. Any trade in specimens of the species included in Annex III shall be carried out in accordance with the provisions of this Article.         2. The export of any specimen of a species included in Annex III from any State that has included that species in Annex III requires the prior issuance and presentation of an export permit. An export permit is granted only if the following conditions are met:         (a) The administrative Authority of the exporting State has verified that the specimen was not acquired in violation of the laws of that State relating to the protection of fauna and flora; and (b) the Administrative Authority of the exporting State has verified that any live specimen will be prepared and shipped in such a way as to minimize the risk of damage, threats to health or ill-treatment.         3. The import of any specimen included in Annex III requires, except in the circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, if the specimen is imported from a State that has included the species in Annex III, an export permit.         4. Upon re-export, a certificate issued by the Administrative Authority of the re-exporting State certifying that the sample has been processed in that State or that it is being re-exported shall be accepted by the importing State as proof of compliance with the provisions of this Convention with respect to the sample.                    

 

Article VI. Permissions and certificates 1. Permits and certificates issued in accordance with the provisions of Articles III, IV, and V must comply with the provisions of this Article.         2. The export permit contains the information specified in the sample form contained in Annex IV and may be used for export only within six months from the date of its issuance.         3. Each permit or certificate shall contain the name of this Convention, the name and appropriate seal of the Administrative Authority that issued it, and the control number assigned by the administrative authority.         4. All copies of the permit or certificate issued by the Administrative Authority must clearly indicate that they are only copies, and no such copy can be used in place of the original, except in cases noted on the document.         5. A separate permit or certificate is required for each batch of samples.         6. The administrative authority of the State importing a sample shall redeem and keep the export permit or the re-export certificate and any corresponding import permit for that sample.         7. When appropriate and possible, the Administrative Authority may label any sample to facilitate identification of the sample. For these purposes, "mark" means any indelible stamp, lead seal, or other suitable means of authenticating a sample designed in such a way that it would be extremely difficult for unauthorized persons to forge it.                  

 

Article VII. Exceptions and other special provisions related to trading  

 

1. The provisions of Articles III, IV and V shall not apply to the transit of samples through the territory or their transshipment in the territory of a Party at a time when these samples are under Customs control.         2. In the event that the Administrative Authority of the exporting or re-exporting State has ascertained that the sample was acquired before the provisions of this Convention began to apply to the sample, the provisions of Articles III, IV and V shall not apply to the sample if the Administrative Authority issues a certificate certifying this.         3. The provisions of Articles III, IV and V do not apply to personal or household items. This exception does not apply.:         (a) in respect of specimens of a species included in Annex I, if they were acquired by the owner outside his State of habitual residence and these specimens are imported into that State; or (b) in respect of specimens of species included in Annex II, if:         (i) they were acquired by the owner outside the State of his habitual residence and in the State in which the extraction or collection of a sample from the wild fauna and flora took place;         (ii) they are imported into the State of the owner's habitual residence; and (iii) the State in which the extraction or collection of wild fauna and flora took place requires prior export permits prior to any export of such samples; unless the Administrative Authority is satisfied that the samples were acquired prior to the application of the provisions of this Convention to them.         4. Samples of animal species included in Annex I, bred in captivity for commercial purposes, or plant species included in Annex I, artificially grown for commercial purposes, are considered samples of species included in Annex II.         5. If the Administrative Authority of the exporting State makes sure that any sample of an animal species has been bred in captivity or any sample of a plant species has been artificially grown or is part of such an animal or plant, or comes from them, the certificate issued by this Administrative Authority will be accepted instead of any permits. or certificates required in accordance with the provisions of Articles III, IV or V. 6. The provisions of Articles III, IV, and V do not apply to herbarium specimens, other preserved, dried, or pickled museum specimens, and living plant material bearing a label issued or approved by an Administrative Authority, transferred on a non-commercial basis for temporary use, as a gift, or as an exchange between scientists or scientific institutions registered by an Administrative Authority of their State..         7. The administrative authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens that are part of a mobile zoological garden, circus, menagerie, plant exhibition or other mobile exhibition, provided that:         (a) the exporter or importer will register such samples with the Administrative Authority in full detail.;         (b) the samples fall under one of the categories specified in paragraphs 2 or 5 of this Article.; and (c) The Administrative Authority will ensure that any live specimen is transported and cared for in a manner that minimizes the risk of injury, threat to health, or ill-treatment.                

 

Article VIII. Measures taken by the parties  

     1. The Parties shall take appropriate measures to ensure compliance with the provisions of this Convention and prohibit trade in designs in violation of the provisions of the Convention. These measures include:         (a) punishment for trafficking or possession of such samples, or both; and (b) confiscation or return of such samples to the exporting State.         2. In addition to the measures taken pursuant to paragraph I of this Article, a Party may, when it deems it necessary, provide for any method of material reimbursement for costs incurred as a result of the confiscation of a sample that has become an object of trade in violation of measures taken in connection with the application of the provisions of this Convention.         3. Whenever possible, the Parties ensure that the samples go through the formalities required for trade with minimal delays. To facilitate such passage, the Party may determine the points of entry and points of exit at which the samples must be presented for Customs formalities. The Parties shall also ensure that all living specimens are properly cared for at all times of transit, storage or transportation in order to minimize the risk of injury, threat to health or ill-treatment.         4. When a live specimen is confiscated as a result of the measures referred to in paragraph I of this Article, (a) the specimen is transferred to the custody of the Administrative Authority of the confiscating State.;         (b) The Administrative Authority, after consultation with the exporting State, returns the sample to that State at its expense or transfers it to a rescue center or to such other location as the Administrative Authority considers appropriate and compatible with the purposes of this Convention; and (c) the Administrative Authority may obtain the recommendation of the Scientific Authority or, if it deems it appropriate, consult with the Secretariat to facilitate decision-making in accordance with subparagraph (b) of this paragraph, including the selection of a rescue center or other location.         5. The rescue center referred to in paragraph 4 of this Article means an institution to which an Administrative Authority will entrust the care of live specimens, in particular those that have been confiscated.         6. Each Party will keep trade logs for specimens of the species included in Annexes I, II and III, with the following data:         (a) the names and addresses of the exporters and importers; and (b) the number and type of permits and certificates issued; the States with which such trade was carried out; the number or number and types of specimens, the names of the species included in Annexes I, II and III, and, where appropriate, the size and gender of the specimen concerned.         7. Each Party will prepare periodic reports on the implementation of this Convention and will send to the Secretariat:         (a) an annual report summarizing the data referred to in paragraph 6 (b) of this Article; and (b) a biennial report on legislative, administrative and regulatory measures taken to ensure compliance with the provisions of this Convention.         8. The information specified in paragraph 7 of this Article will be public, unless it contradicts the laws of the relevant Party.              

 

Article IX. Administrative and scientific bodies  

     I. For the purposes of this Convention, each Party shall designate:         (a) one or more administrative authorities authorized to issue permits or certificates on behalf of that Party; and (b) one or more Scientific Authorities.         2. Each State, when depositing its instrument of ratification, acceptance, approval or accession, will simultaneously inform the Depositary Government of the name and address of the Administrative Body authorized to communicate with other Parties and the Secretariat.         3. The relevant Party shall notify the Secretariat of any changes in the appointments or powers provided for in the provisions of this Article for communication to all other Parties.         4. The administrative authority referred to in paragraph 2 of this Article, at the request of the Secretariat or the Administrative Authority of the other Party, shall send impressions of stamps, seals or other means used to authenticate permits or certificates.                    

 

Article X. Trade with States that are not parties to the Convention                In the case of export or re-export to a State or import from a State that is not a Party to this Convention, similar documentation issued by the competent authorities of that State and substantially complying with the requirements of this Convention regarding permits and certificates may be accepted in lieu of such permits and certificates by any Party.                

 

Article XI. Conference of the Parties I. The Secretariat will convene a session of the Conference of the Parties no later than two years after the entry into force of this Convention.         2. Thereafter, the Secretariat will convene regular sessions at least every two years, unless the Conference decides otherwise, and extraordinary sessions at any time upon receipt of a written request to that effect from at least one third of the Parties.         3. At sessions, both regular and extraordinary, the Parties shall review the implementation of this Convention and may:         (a) Take such measures as may be necessary to enable the Secretariat to carry out its duties;         (b) Consider and adopt amendments to Annexes I and II in accordance with Article XV;         (c) to discuss the results of restoration and conservation activities for species included in Annexes I, II and III; (d) to receive and consider any reports submitted by the Secretariat or any Party;         (e) to make recommendations, where appropriate, to enhance the effectiveness of this Convention.         4. At each ordinary session, the Parties may determine the time and place of the next ordinary session to be held in accordance with the provisions of paragraph 2 of this Article.         5. At any session, the Parties may determine and adopt the rules of procedure for the session.         6. The United Nations, its specialized agencies, the International Atomic Energy Agency and any State not party to this Convention may be represented at the sessions of the Conference by observers who will have the right to participate in the discussions, without the right to vote.         7. Bodies or institutions belonging to the following categories that are technically competent in the field of protection, conservation or rational management of wild fauna and flora will, upon notification by the Secretariat of their desire to be represented at the sessions of the Conference by observers, be admitted to the session, unless there are objections from at least one third of the Parties present.:         (a) International institutions or bodies, governmental or non-governmental, and national governmental institutions or bodies; and (b) national non-governmental institutions or bodies approved for this purpose by the State in which they are located. Having been admitted to the session, these observers will have the right to participate in the discussions without the right to vote.                     

 

Article XII. Secretariat I. Upon the entry into force of this Convention, the Executive Director of the United Nations Environment Programme shall ensure the organization of the Secretariat. To the extent and in such a way as he deems appropriate, he may be assisted in this by relevant intergovernmental and non-governmental, international and national bodies and institutions technically competent in the field of protection, conservation and rational management of wild fauna and flora.         2. The functions of the Secretariat include:         (a) organizing and servicing sessions of the Conference of the Parties; (b) performing the functions assigned to it in accordance with the provisions of Articles XV and XVI of this Convention; (c) conducting scientific and technical research in accordance with programs approved by the Conference of the Parties that will contribute to the implementation of this Convention, including research on standards for appropriate preparation and transportation of live samples and methods for establishing the authenticity of samples;         (d) reviewing the reports of the Parties and requesting the Parties for such additional information on the reports as the Secretariat deems necessary to ensure the implementation of this Convention; (e) drawing the attention of the Parties to any matter relevant to the objectives of this Convention; (f) periodically publishing and distributing to the Parties current editions of Annexes I, II and III together with any other information facilitating the authentication of specimens of the species included in these Annexes;         (g) preparing annual reports to the Parties on their work and on the implementation of this Convention, as well as other reports that may be requested by sessions of the Conference of the Parties; (h) making recommendations for the implementation of the objectives and provisions of this Convention, including the exchange of scientific or technical information;         (i) performing any other functions that may be assigned to him by the Parties.            

 

Article XIII. International measures I. When, in the light of information received, the Secretariat considers that a species included in Annexes I and II is adversely affected by trade in specimens of that type, or that the provisions of this Convention are not being effectively implemented, it shall forward this information to the authorized Administrative Authority of the Party or Parties concerned.         2. When a Party receives the information referred to in paragraph I of this Article, it shall, as soon as possible, notify the Secretariat of any facts relating to the matter, to the extent permitted by its laws, and, where appropriate, propose remedial measures. When a Party considers it desirable to conduct an investigation, such an investigation may be conducted by a person or several persons specifically authorized by that Party.         3. Information provided by a Party or resulting from an investigation referred to in paragraph 2 of this Article shall be reviewed at the next Conference of the Parties, which may make any recommendations it deems appropriate.            

 

Article XIV. Impact on domestic legislation and international conventions The provisions of this Convention in no way affect the right of the Parties to accept:         (a) stricter internal measures regarding the conditions of trade, extraction, possession or transport of specimens of species included in Annexes I, II and III, or measures prohibiting them altogether, or (b) internal measures restricting or prohibiting trade, extraction, possession or transport of species not included in Annexes I, II or III.         2. The provisions of this Convention shall in no way affect the provisions of any domestic measures or obligations of the Parties under any treaty, convention or international agreement relating to other aspects of trade, extraction, possession or transportation of samples that are in force or may subsequently enter into force for any Party, including any measures in the field of customs legislation, health and quarantine animals or plants.         3. The provisions of this Convention shall in no way affect the provisions or obligations arising from any treaty, convention or international agreement that have been concluded or may be concluded between States establishing a union or regional trade agreement that establishes or maintains common external customs control and abolishes customs control between the parties to such agreement, to the extent that This applies to trade between the member States of such a union or agreement.       4. A State Party to this Convention that is at the same time a party to any treaty, convention or international agreement in force at the time of entry into force of this Convention, the provisions of which provide for the protection of species included in Annex II, shall be exempt from obligations under this Convention relating to trade in specimens of species included in the Annex. II, which are extracted by vessels registered in that State in accordance with the provisions of such other treaty, convention or international agreement.         5. Notwithstanding the provisions of articles III, IV and V, for the export of a specimen extracted in accordance with paragraph 4 of this article, only a certificate from the Administrative Authority of the State making the introduction is required, indicating that the specimen was extracted in accordance with the provisions of such other treaty, convention or international agreement.         6. Nothing in this Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea, convened in accordance with United Nations General Assembly resolution 2750 C (XXV), as well as the current or future claims and legal positions of any State on the law of the sea and on the nature and limits of jurisdiction. States and flag States.            

 

Article XV. Amendments to Annexes I And II I. The following provisions shall apply to amendments to Annexes I and II at sessions of the Conference of the Parties:         (a) Any Party may propose an amendment to Annexes I or II for consideration at the next session. The text of the amendment proposals shall be transmitted to the Secretariat at least 150 days before the session. The Secretariat shall consult with the other Parties and interested bodies on the amendment, in accordance with the provisions of paragraphs 2 (b) and (c) of this Article, and shall send replies to all Parties no later than 30 days before the session; (b) amendments shall be adopted by a two-thirds majority of the Parties present and voting. For these purposes, "Parties present and voting" means Parties present and voting for or against. The abstaining Parties are not included in the two thirds required for the adoption of the amendment.;         (c) Amendments adopted at a session shall enter into force 90 days after such session for all Parties, with the exception of those that make a reservation in accordance with paragraph 3 of this article.         2. The following provisions apply to amendments to Annexes I and II between sessions of the Conference of the Parties:         (a) Any Party may propose an amendment to Annex I or II for consideration between sessions through the correspondence procedure set out in this paragraph.;         (b) In the case of marine species, the Secretariat, upon receipt of the text of the amendment proposals, shall promptly forward it to the Parties. It also consults with intergovernmental bodies with any function related to these species, in particular with a view to obtaining scientific data that these bodies can provide and ensuring coordination with respect to any conservation measures by these bodies. The Secretariat shall communicate to the Parties, as soon as possible, the views of these bodies and the data received from them, as well as its conclusions and recommendations.;         (c) in respect of non-marine species, the Secretariat, upon receipt of the text of the proposals, shall immediately forward the amendments to the Parties and thereafter, as soon as possible, submit its recommendations; (d) any Party may, within 60 days from the date on which the Secretariat submits its recommendations to the Parties, as specified in subparagraphs (b) or (c) of this paragraph, To send to the Secretariat any comments on the proposed amendment, including any scientific data and information relevant to the issue.;         (e) The Secretariat shall send to the Parties, as soon as possible, the replies received, as well as its recommendations; (f) if the Secretariat does not receive objections to the proposed amendment within 30 days of sending the replies and recommendations to the Parties in accordance with the provisions of subparagraph (e) of this paragraph, the amendment will enter into force 90 days later for all Parties., with the exception of those who make a reservation in accordance with paragraph 3 of this article;         (g) If the Secretariat receives an objection from any Party, the proposed amendment shall be put to the vote by correspondence in accordance with the provisions of sub-paragraphs (h), (i) and (j) of this paragraph.;         (h) The Secretariat shall notify the Parties of the receipt of notifications of renewal; (i) if the Secretariat does not receive votes for, against or abstained from at least half of the Parties within 60 days of notification, as indicated in subparagraph (h) of this paragraph, the proposed amendment shall be submitted for further consideration at the next session of the Conference;         (j) if votes are received from half of the Parties, the amendment shall be adopted by a two-thirds majority of the Parties voting for or against; (k) The Secretariat shall notify all Parties of the results of the vote; (l) if the proposed amendment is adopted, it shall enter into force 90 days after notification by the Secretariat of its adoption. acceptance for all Parties, with the exception of those that have made a reservation in accordance with paragraph 3 of this article.         3. Within the 90 days provided for in subparagraph (c) of paragraph I or subparagraph (l) of paragraph 2 of this Article, any Party may, by written notification to the Depositary Government, make a reservation with respect to this amendment. Until such reservation is withdrawn, the Party that has made it will be considered a State that is not a party to this Convention with respect to trade in this species.            

 

Article XVI. Annex III and its amendments I. Any Party may at any time submit to the Secretariat a list of species that it determines are subject to regulation within its jurisdiction for the purposes specified in paragraph 3 of Article II. Annex III includes the names of the Parties that have submitted species for inclusion in this Annex, the scientific names of the species so submitted, and any parts or derivatives of animals or plants identified in connection with these species for the purposes of subparagraph (b) of Article I. 2. Each list submitted in accordance with the provisions of paragraph I of this article shall be sent by the Secretariat to the Parties as soon as possible after its receipt. The List shall enter into force, as part of Annex III, 90 days after such notification. At any time after sending such a list, any Party may, by written notification to the Depositary Government, make a reservation in respect of any species or any parts or derivatives, and until such reservation is withdrawn, that State will be considered not to be a party to this Convention with respect to trade in that species or its relevant part or derivative.         3. A Party that has submitted any type of inclusion in Annex III may withdraw it at any time by notifying the Secretariat, which shall inform all Parties accordingly. Withdrawal takes effect 30 days after the date of such notification.         4. Any Party submitting a list in accordance with the provisions of paragraph I of this Article shall transmit to the Secretariat copies of all domestic laws and regulations applicable to the protection of such species, as well as any interpretations that the Party may deem necessary or that may be requested by the Secretariat. As long as this species is included in Annex III, the Party shall submit any amendments to such laws and regulations, as well as any new interpretations as they are adopted.                  

 

Article XVII. Amendments to the text of Convention I. An extraordinary session of the Conference of the Parties shall be convened by the Secretariat at the written request of at least one third of the Parties to consider and adopt amendments to this Convention. Such amendments shall be adopted by a two-thirds majority of the Parties present and voting. For these purposes, "Parties present and voting" means Parties present and voting for or against. The abstaining Parties are not included in the two thirds required for the adoption of the amendment.         2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the session.         3. An amendment shall enter into force for the Parties that have accepted it 60 days after two thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. The amendment shall then enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment.                        

 

Article XVIII. Dispute resolution 1. Any dispute that has arisen between two or more Parties concerning the interpretation or application of the provisions of this Convention shall be settled through negotiations between the Parties to the dispute.         2. If the dispute cannot be resolved in accordance with paragraph I of this article, the Parties may, by mutual agreement, submit the dispute to arbitration, in particular, to the Permanent Court of Arbitration in The Hague. The arbitral award is binding on the Parties who have submitted the dispute to arbitration.  

                   

Article XIX. Signature This Convention shall be open for signature in Washington until April 30, 1973 and thereafter in Bern until December 31, 1974.            

 

Article XX. Ratification, acceptance and approval This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation, which is the Depositary Government.                  

 

Article XXI. Accession This Convention is open for accession indefinitely. The documents of accession are deposited with the Depositary Government.                  

 

Article XXII. Entry into force 1. This Convention shall enter into force 90 days after the deposit of the tenth instrument of ratification, acceptance, approval or accession with the Depositary Government.        2. For each State that ratifies, accepts, approves or accedes to this Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.                          

 

Article XXIII. Reservations

1. The provisions of this Convention are not subject to general reservations. Specific reservations may be made in accordance with the provisions of this Article and Articles XY and XI.         2. Any State, when depositing its instrument of ratification, acceptance, approval or accession, may make a specific reservation in respect of:         (a) any species listed in Annex I, II or III; or (b) any parts or derivatives listed in connection with a species listed in Annex III.         3. Until a Party withdraws a reservation made in accordance with the provisions of this Article, it will be considered a State not participating in this Convention with respect to trade in those types or parts or derivatives specified in this reservation.                              

Article XXIU. Denunciation Any Party may denounce this Convention by written notification to the Depositary Government at any time. The denunciation takes effect 12 months after receipt of the notification by the depositary Government.

                             

Article XXV. Depository I. The original of this Convention, the texts of which in Chinese, English, French, Russian and Spanish are equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies to all States that have signed the Convention or deposited instruments of accession to it.         2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, the deposit of instruments of ratification, acceptance, approval or accession, the entry into force of this Convention, amendments thereto, the introduction and withdrawal of reservations and notifications of denunciation.         3. As soon as this Convention enters into force, a certified copy of it will be sent by the Depositary Government to the United Nations Secretariat for registration and publication in accordance with Article 102 of the Charter of the United Nations.         In witness whereof, the undersigned representatives, being duly authorized thereto, have signed this Convention.         Done at Washington, this third day of March, one thousand nine hundred and seventy-three.

 

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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