RATIFIED INTERNATIONAL INSTRUMENTS

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Zambia

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

Art. II-1

The legal framework provides for strict regulation of trade in specimens of the species threatened with extinction listed in Appendix I of CITES, authorizing it only in exceptional circumstances, in order not to endanger further their survival.

Art. II-2

The legal framework provides for:
a) strict regulation of trade in specimens of all species that may become threatened with extinction listed in Appendix II of CITES to avoid utilization incompatible with their survival;
b) regulation of trade in specimens of certain species to bring the trade in species listed in Appendix II of CITES referred to in sub-paragraph (a) under effective control.

Art. II-3

The legal framework provides for the obligation to cooperate with the other Parties to CITES in the control of trade of species listed in Appendix III (subject to regulation within the country jurisdiction for the purpose of preventing or restricting their exploitation).

Art. III-2

For the export of any specimen of the species included in Appendix I of CITES, the legal framework requires an export permit that may be granted only if:
a) the competent scientific authority of the State of export has advised that such export will not be detrimental to the survival of that species (non-detriment findings);
b) the competent management authority of the State of export is satisfied that the specimen was not obtained in contravention of the law of that State for the protection of fauna;
c) the competent management authority of the State of export is satisfied that the risk of injury, damage to health or cruel treatment during the shipment of the specimen is minimized; and
d) the competent management authority is satisfied that an import permit has been granted for the specimen.

Art. III-3

For the import of any specimen of the species listed in Appendix I of CITES, the legal framework requires an import permit and either an export permit or a re-export certificate, providing that the import permit may be granted only if:
a) the competent scientific authority of the State of import has advised that the import purposes will not be detrimental to the survival of the species involved (non-detriment findings);
b) the competent scientific authority of the State of import is satisfied that the proposed recipient of any living specimen is suitably equipped to house and care for it; and
c) the competent management authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.

Art. III-4

For the re-export of any specimen of the species listed in Appendix I of CITES, the legal framework requires a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:
(a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention;
(b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and
(c) a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen.

Art. III-5

For the introduction from the sea of any specimen of the species listed in Appendix I of CITES the legal framework requires a certificate from the competent management authority that may be granted only if:
a) the competent scientific authority of the State of introduction has advised that the introduction will not be detrimental to the survival of the species involved (non-detriment findings);
b) the competent management authority of the State of introduction is satisfied that the proposed recipient of the specimen is suitably equipped to house and care for it; and
c) the competent management authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes

Art. IV-2

For the export of any specimen of the species included in Appendix II of CITES, the legal framework requires an export permit that may be granted only if:
a) the competent scientific authority of the of the State of export has advised that such export will not be detrimental to the survival of that species (non-detriment findings);
b) the competent management authority of the State of export is satisfied that the specimen was not obtained in contravention of the legislation on fauna;
c) the competent management authority of the State of export is satisfied that the risk of injury, damage to health or cruel treatment during the shipment of the specimen is minimized

Art. IV-3

The legal framework requires a competent scientific authority to:
- monitor the export permits granted for specimens of species included in Appendix II of CITES and the actual exports of such specimens,
- advice, whenever that authority determines that the export of specimens of any such species should be limited to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I od CITES, the competent management authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.

Art. IV-4

For the import of any specimen of the species listed in Appendix II of CITES, the legal framework requires either an export permit or a re-export certificate.

Art. IV-5

For the re-export of any specimen of the species listed in Appendix II of CITES, the legal framework requires a re-export certificate that may be granted only if:
a) the competent management authority of the State of re-export is satisfied that the specimen was imported in accordance with the provisions of CITES; and
b) the competent management authority of the State of re-export is satisfied that the risk of injury, damage to health or cruel treatment during the shipment of the specimen is minimized.

Art. IV-6

For the introduction from the sea of any specimen of the species listed in Appendix II of CITES, the legal framework requires a certificate from the competent Management Authority of the State of introduction that may be granted only if:
a) the competent Scientific Authority of the State of introduction has advised that the introduction will not be detrimental to the survival of the species involved; and
b) the competent management authority of the State of introduction is satisfied that the specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment.

Art. IV-7

The legal framework provides that certificates referred to in artcile IV-6 may be granted in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods, on the advice of the competent scientific authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities.

Art. V-2

For the export of any specimen of the species listed in Appendix III of CITES, the legal framework requires an export permit that may be granted only if:
a) the competent management authority of the State of export is satisfied that the specimen was not obtained in contravention of the legislation on fauna; and
b) the competent management authority of the State of export is satisfied that the risk of injury, damage to health or cruel treatment during the shipment of the specimen is minimized.

Art. V-3

For the import of any specimen of the species listed in Appendix III of CITES (except in circumstances to which Article V4 applies), the legal framework requires the prior presentation of a certificate of origine and, where the import is from a State which has included that species in Appendix III, an export permit.

Art. V-4

In the case of re-export of any specimen of the species listed in Appendix III of CITES, the legal framework requires that a certificate granted by the competent management authority of the State of re-export that the specimen was processed in the country or is being re-exported shall be accepted by the State of import as evidence that the provisions of CITES have been complied with in respect of the specimen concerned.

Art. VI-2

The legal framework requires that export permits contain the information specified in Appendix IV of CITES and may only be used for export within a period of six months from the date on which they were granted.

Art. VI-3

The legal framework requires that each permit or certificate contain the title of CITES, the name and stamp of the management authority granting it, and a control number assigned by the management authority (see Resolution Conf. 12.3).

Art. VI-4

The legal framework requires that any copies of a permit or certificate issued by the management authority be clearly marked as copies only and not used in place of the original, except to the extent endorsed thereon.

Art. VI-5

The legal framework provides that separate permits or certificates are required for each consignment of specimen.

Art. VI-6

The legal framework requires that the competent management authority of the State of import of any specimen cancel and retain the export permit of re-export certificate of any specimen and any corresponding import permit presented in respect of the import of that specimen.

Art. VI-7

The legal framework requires, where appropriate and feasible, that the competent management authority to affix a mark upon any specimen, the mark being any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation as difficult as possible.

Art. VII-1

The legal framework provides that the provisions of Articles III, IV and V of CITES do not apply to specimens in transit or transshipment through the country while they remain in customs control.

Art. VII-3

The legal framework provides that the provisions of Articles III, IV and V of CITES do not apply to specimens that are personal or household effects where:
a) in the case of specimens of a species included in Appendix I of CITES, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or
b) in the case of specimens of species included in Appendix II of CITES:
i. they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred;
ii. they are being imported into the owner's State of usual residence; and
iii. the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens
unless the competent management authority is satisfied that the specimens were acquired before the provisions of CITES applied to such specimens.

Art. VII-4

The legal framework provides that specimens of animal species listed in Appendix I of CITES bred in captivity for commercial purposes be considered as specimens of species listed in Appendix II of CITES.

Art. VII-5

The legal framework provides that, where the competent management authority of the State of export is satisfied that any specimen of an animal species was bred in captivity, or is a part of such an animal or was derived therefrom, a certificate by that authority to that effect be accepted in lieu of any of the permits or certificates required under Article III, IV or V of CITES.

Art. VII-6

The legal framework provides that the competent management authority may waive the requirements of Articles III, IV and V of CITES above and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition, provided that:
a) the exporter or importer registers full details of such specimens with the management authority;
b) the specimens are in either of the categories specified in paragraph 2 or 5 of Article VII of CITES (specimen was acquired before CITES applied and specimen of an animal species bred in captivity); and
c) the management authority is satisfied that any living specimen will be so transported and cared for as to minimize the risk of injury, damage to health or cruel treatment.

Art. VIII-1

The legal framework prohibits trade in specimens in violation of CITES, providing measures to:
a) penalize trade in, or possession of, such specimens, or both; and
b) confiscate or return to the State of export of such specimens.

Art. VIII-2

The legal framework provides, as necessary, for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of CITES.

Art. VIII-3

The legal framework provides that specimens pass through any formalities required for trade with a minimum of delay and, to facilitate such passage, that ports of exit and entry may be designated at which specimens are presented for clearance, and also that that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimize the risk of injury, damage to health or cruel treatment.

Art. VIII-4

The legal framework requires that confiscated specimen as a result of measures referred to in Article VIII-1 of CITES :
a) be entrusted to the competent management authority of the State of confiscation;
b) the competent management authority, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue center or another appropriate place and consistent with the purposes of CITES.

Art. VIII-6

The legal framework requires that records of trade in specimens of species listed in Appendices I, II and III of CITES be maintained, covering:
a) the names and addresses of exporters and importers; and
b) the number and type of permits and certificates granted;
c) the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III; and
d) where applicable, the size and sex of the specimens in question.

Art. VIII-7

The legal framework requires the preparation of periodic reports on the implementation of CITES and the transmittal to the CITES Secretariat of:
a) an annual report containing a summary of the information specified in Article VIII-6-b; and
b) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of CITES.

Art. VIII-8

The legal framework requires that the information referred to in Artcile VIII-7 of CITES be available to the public where this is not inconsistent with the law of the State.

Art. IX

The legal framework designates :
a) one or more Management Authorities competent to grant permits or certificates ;
b) one or more Scientific Authorities, independent from Management Authorities;
and gives the authorities the necessary powers to carry out their responsibilities.