Zimbabwe - CITES
RATIFIED INTERNATIONAL INSTRUMENTS
Zimbabwe
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Art. I
The legal framework provides for definitions (of key terms) identical in wording or effect as those set out in Article I.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1990
Section 2 (1). In these regulations, and in any open general permit - "species" means any species, subspecies or geographically separate population thereof. |
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The Parks and Wildlife Act [Chapter 20:14]
Section 2. In this Act— “Authority” means the Parks and Wild Life Management Authority established by section three; “fish” includes vertebrate fish, and aquatic molluscs and crustaceans, both indigenous and non-indigenous, but does not include the bilharzia snail (Biomphalaria pfeifferi and Bulinus Physopsis globusus) and the liver fluke snail (Lymnea natalensis); “specially protected animal” means any animal declared in terms of Part IX to be a specially protected animal; “trophy” means— (a) any horn, ivory, tooth, tusk, bone, claw, hoof, hide, skin, hair or other durable portion whatsoever of any animal, whether processed or not, which is recognizable as the durable portion of any animal; and (b) the egg of any animal; and (c) any thing of which the durable portion of any animal forms a part, which is declared to be a trophy in terms of section seventy-six; “wild life” means all forms of animal life, vertebrate and invertebrate, which are indigenous to Zimbabwe, and the eggs or young thereof other than fish. |
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 further endanger their survival.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(5). (a) No certificate referred to paragraph (b) of subsection (1) shall be issued in terms of subsection (1) or(2) for the import into Zimbabwe of any wild life, or trophy of any wild life, which has been taken from a marine environment not under the jurisdiction of any State, unless- (a) in the case of such wild life referred to in Part 1 of the second Schedule, or a trophy of such wild life- (i) the Director is satisfied, or in the case of a certificate issued by the Director of Customs, the Director has certified to the Director of Customs that- A. the import will be for purposes that are not detrimental to the to the survival of the species of wild life concerned and, B. the wild life or trophy will not be used for primarily commercial purposes and (c) in the case of an import of a live specimen of such wild life, the Director is satisfied that the proposed recipient is suitably equipped to house and care for it. |
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.
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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 3 (a) and (b). Notwithstanding any other law, but subject to this section, no person shall- (a) import into or export from Zimbabwe any wild life, trophy or controlled goods except in accordance with the terms and conditions of- i) an open general permit, or ii)a permit; or iii) a transit permit; or a certificate issued in terms of section 5; (b) import into Zimbabwe any wild life referred to in Part I or Part II of the Second Schedule, or any trophy of such wild life, unless, in addition to complying with paragraph (a), he holds an export permit or re export certificate granted in respect of the wild life or trophy concerned by an appropriate authority in the country from which the wild life or trophy concerned is being imported. |
Art. II-3
The legal framework allows for the cooperation with the other Parties to CITES in the control of trade of species listed in Appendix III (i.e. species subject to regulation within the country jurisdiction for the purpose of preventing or restricting their exploitation).
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 3 (a) and (c). Notwithstanding any other law, but subject to this section, no person shall- a) import into or export from Zimbabwe any wild life, trophy or controlled goods except in accordance with the terms and conditions of- i) an open general permit, or ii)a permit; or iii) a transit permit; or a certificate issued in terms of section 5 (c) import into Zimbabwe any wild life referred to in Part III of the Third Schedule, or any trophy of such wild life, unless, in addition to complying with paragraph (a), he holds- (i) a certificate of origin or other document indicating the country of origin of the wild life, or trophy concerned, and (ii) if the wild life or trophy concerned is being imported from the country specified opposite thereto in Part III of the Second Schedule, an export permit granted in respect of the wild life or trophy concerned by an appropriate authority in that country . |
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 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 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 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 Management Authority is satisfied that an import permit has been granted for the specimen.
a) the 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 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 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 Management Authority is satisfied that an import permit has been granted for the specimen.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(4). No permit shall be issued in terms of subsection (1) or (2) for the export from Zimbabwe of- (a) any wild life referred to in Part I of the Second Schedule, or any trophy of such wild life, unless- (i) the Director of Customs, as the case may be, is satisfied that an import permit has been granted in respect of the wild life or trophy concerned by an appropriate authority in the country to which the wild life or trophy concerned is being exported, and (ii) the Director is satisfied, or, in the case of a permit issued by the Director of Customs, the Director has certified to the Director of Customs, that- A the export will not be detrimental to the survival of the species of wild life concerned; B. the wild life or the trophy concerned has not been obtained in contravention of any law; and (iii) in the case of an export of a live specimen of such wild life, the Director is satisfied that the wild life concerned will be prepared and shipped so as to minimise the risk of injury, damage to health and or cruel treatment. |
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 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 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 Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.
a) the 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 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 Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(3). No permit shall be issued in terms of subsection (1) or (2) for the import into Zimbabwe of any wild life referred to in Parts I and V of the Second Schedule, or any trophy of such wild life, unless- (a) the Director or Director of Customs, as the case may be, is satisfied that an export permit or re-export certificate has been granted in respect of the wild life or trophy concerned by an appropriate authority in the country from which the wild life or trophy concerned is being imported, and; (b) the director is satisfied, or, in the case of a permit issued by the Controller, the director has certified to the Director of customs, that- (i) the import will be for purposes that are not detrimental to the to the survival of the species of wild life concerned and, (ii) the wild life or trophy will not be used for primarily commercial purposes and (c) in the case of an import of a live specimen of such wild life, the Director is satisfied that the proposed recipient is suitably equipped to house and care for it. |
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.
(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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(3). No permit shall be issued in terms of subsection (1) or (2) for the import into Zimbabwe of any wild life referred to in Parts I and V of the Second Schedule, or any trophy of such wild life, unless- (a) the Director or Director of Customs, as the case may be, is satisfied that an export permit or re-export certificate has been granted in respect of the wild life or trophy concerned by an appropriate authority in the country from which the wild life or trophy concerned is being imported, and; (b) the director is satisfied, or, in the case of a permit issued by the Controller, the director has certified to the Director of customs, that- (i) the import will be for purposes that are not detrimental to the to the survival of the species of wild life concerned and, (ii) the wild life or trophy will not be used for primarily commercial purposes and (c) in the case of an import of a live specimen of such wild life, the Director is satisfied that the proposed recipient is suitably equipped to house and care for it. |
Art. III-5
For the introduction from the sea of any specimen of the species listed in Appendix I of CITES the legal framework allows for the issuance of a certificate from the Management Authority of the State into which the specimen was introduced only if:
a) the 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 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 Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes.
a) the 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 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 Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(5). (a) No certificate referred to paragraph (b) of subsection (1) shall be issued in terms of subsection (1) or(2) for the import into Zimbabwe of any wild life, or trophy of any wild life, which has been taken from a marine environment not under the jurisdiction of any State, unless- (a) in the case of such wild life referred to in Part 1 of the second Schedule, or a trophy of such wild life- (i) the Director is satisfied, or in the case of a certificate issued by the Director of Customs, the Director has certified to the Director of Customs that- A. the import will be for purposes that are not detrimental to the to the survival of the species of wild life concerned and, B. the wild life or trophy will not be used for primarily commercial purposes and (c) in the case of an import of a live specimen of such wild life, the Director is satisfied that the proposed recipient is suitably equipped to house and care for it. |
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 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 Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the legislation on fauna; and
c) the 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.
a) the 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 Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the legislation on fauna; and
c) the 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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(4) (b). No certificate referred to paragraph (b) of subsection (1) shall be issued in terms of subsection (1) or(2) for the import into Zimbabwe of any wild life, or trophy of any wild life, which has been taken from a marine environment not under the jurisdiction of any State, unless- (b) in the case of such wild life referred to in Part II of the Second Schedule, or a trophy of such wild life- (i) the Director is satisfied, or in the case of an import of a live specimen of such wild life, the Director is satisfied that the wild life will be so handled as to minimise the risk of injury, damage to health or cruel treatment. |
Art. IV-3
The legal framework requires a 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; and
- advise, 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 of CITES, the Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.
- monitor the export permits granted for specimens of species included in Appendix II of CITES and the actual exports of such specimens; and
- advise, 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 of CITES, the Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(4)(b). No certificate referred to paragraph (b) of subsection (1) shall be issued in terms of subsection (1) or(2) for the import into Zimbabwe of any wild life, or trophy of any wild life, which has been taken from a marine environment not under the jurisdiction of any State, unless- (b) in the case of such wild life referred to in Part II of the Second Schedule, or a trophy of such wild life- (i) the Director is satisfied, or in the case of an import of a live specimen of such wild life, the Director is satisfied that the wild life will be so handled as to minimise the risk of injury, damage to health or cruel treatment. Section 7. When issuing any permit or certificate in terms of subsection (1) or (2), the Director of Customs, as may be, shall have regard to the obligations of Zimbabwe under the Convention. |
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Parks and Wildlife Act [Chapter 201:14]
Section 4(1). Subject to this Act, the functions of the Authority shall be— […] (b) to examine and report to the Minister from time to time upon—[…] (vii) the protection of animals or particular species of animals in sanctuaries; |
Art. IV-4
For the import of any specimen of the species listed in Appendix II of CITES, the legal framework requires the prior presentation of either an export permit or a re-export certificate.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 3(b). Notwithstanding any other law, but subject to this section, no person shall - (b) import into Zimbabwe any wild life referred to in Part I or Part II of the Second Schedule, or any trophy of such wild life, unless, in addition to complying with paragraph (a), he holds an export permit or re export certificate granted in respect of the wild life or trophy concerned by an appropriate authority in the country from which the wild life or trophy concerned is being imported. |
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 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 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.
a) the 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 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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(6)(b). No certificate referred to in paragraph (c) of subsection (1) shall be issued in terms of subsection (1) or (2) for the re-export from Zimbabwe of- (b) any wild life referred to in Part II of the Second Schedule, or any trophy of such wild life, unless- (i) the Director or Director of Customs, as the case may be, is satisfied that the wild life or trophy concerned was imported into Zimbabwe according to the Convention; (ii) in the case of re export of a live specimen of such wild life, the Director is satisfied that the wild life concerned will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment. |
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 Management Authority of the State of introduction, which may be granted only if:
a) the 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 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.
a) the 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 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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(5)(b). No certificate referred to paragraph (b) of subsection (1) shall be issued in terms of subsection (1) or(2) for the import into Zimbabwe of any wild life, or trophy of any wild life, which has been taken from a marine environment not under the jurisdiction of any State, unless- (b) in the case of such wild life referred to in Part II of the second Schedule, or a trophy of such wild life- (i) the Director is satisfied, or in the case of a certificate issued by the Director of Customs, the Director has certified to the Director of Customs that the import will be for purposes that are not detrimental to the to the survival of the species of wild life concerned (ii) in the case of an import of a live specimen of such wild life, the Director is satisfied that the wild life will be so handled to minimise the risk of injury, damage to health or cruel treatment. |
Art. IV-7
The legal framework allows that certificates referred to in Article 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 Scientific Authority, in consultation with other national scientific authorities or, when appropriate, with international scientific authorities.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(5)(b). No certificate referred to paragraph (b) of subsection (1) shall be issued in terms of subsection (1) or(2) for the import into Zimbabwe of any wild life, or trophy of any wild life, which has been taken from a marine environment not under the jurisdiction of any State, unless- (b) in the case of such wild life referred to in Part II of the second Schedule, or a trophy of such wild life- (i) the Director is satisfied, or in the case of a certificate issued by the Director of Customs, the Director has certified to the Director of Customs that the import will be for purposes that are not detrimental to the to the survival of the species of wild life concerned (ii) in the case of an import of a live specimen of such wild life, the Director is satisfied that the wild life will be so handled to minimise the risk of injury, damage to health or cruel treatment. |
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 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 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.
a) the 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 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.
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No relevant elements identified/documented |
Art. V-3
For the import of any specimen of the species listed in Appendix III of CITES (except in circumstances to which Article V-4 applies), the legal framework requires the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 3(1)(c). Notwithstanding any other law, but subject to this section, no person shall- c) import into Zimbabwe any wild life referred to in Part III of the Third Schedule, or any trophy of such wild life, unless, in addition to complying with paragraph (a), he holds- (i) a certificate of origin or other document indicating the country of origin of the wild life, or trophy concerned, and (ii) if the wild life or trophy concerned is being imported from the country specified opposite thereto in Part III of the Second Schedule, an export permit granted in respect of the wld life or trophy concerned by an appropriate authority in that country. |
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 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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5(6). No certificate referred to in paragraph (c) of subsection (1) shall be issued in terms of subsection (1) or (2) for the re-export from Zimbabwe of- (a) any wild life referred to in Part I of the Second Schedule, or any trophy of such wild life, unless- (i) the Director or Director of customs, as the case may be, is satisfied that- A. an import permit has been granted in respect of the wild life or trophy concerned by an appropriate authority to which the wild life or trophy concerned is being re-exported; and B. the wild life or trophy concerned was imported into Zimbabwe according to the Convention. |
Art. VI-2
The legal framework requires that export permits:
- contain the information specified in Appendix IV of CITES (see Resolution Conf. 12.3); and
- may only be used for export within a period of six months from the date on which they were granted.
- contain the information specified in Appendix IV of CITES (see Resolution Conf. 12.3); and
- may only be used for export within a period of six months from the date on which they were granted.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 6(2). Subject to this section, every permit and certificate issued in terms of these regulations in respect of import, export or re-export of any wild life referred to in Part I, II or III of the Second Schedule, or any trophy of such wild life, shall bear- (a) the title of the Convention; and (b) the title and identifying stamp of the Director or, in the case of a certificate or permit issued by the Director of Customs, of the Director of Customs; and (c) a number assigned to the permit or certificate by the Director or the director of Customs. Section 7. A permit issued by the Director or Director of Customs for the export of any wild life or trophy shall cease to be valid for six months after it was issued, unless it has been earlier revoked in terms of section 9. |
Art. VI-3
The legal framework allows 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).
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 6(2). Subject to this section, every permit and certificate issued in terms of these regulations in respect of import, export or re-export of any wild life referred to in Part I, II or III of the Second Schedule, or any trophy of such wild life, shall bear- (a) the title of the Convention; and (b) the title and identifying stamp of the Director or, in the case of a certificate or permit issued by the Director of Customs, of the Director of Customs; and (c) a number assigned to the permit or certificate by the Director or the director of Customs. |
Art. VI-4
The legal framework allows 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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 6(4). Any copy of a permit or certificate issued in terms of these regulations shall be clearly marked as such, and may be used in place of the original only to the extent specified therein. |
Art. VI-5
The legal framework provides that separate permits or certificates are required for each consignment of specimen.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5 (8). No permit or certificate issued in terms of subsection (1) or (2), shall authorise the import, export or re-export, as the case may be, of more than one consignment of wild life or trophies. |
Art. VI-6
The legal framework allows for the Management Authority of the State of import of any specimen to cancel and retain the export permit and re-export certificate of any specimen and any corresponding import permit presented in respect of the import of that specimen.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 9 (1). The Director may at any time amend or revoke any permit or certificate issued in terms of these regulations. (2) The Director of Customs may at any time amend or revoke any permit or certificate issued by him in terms of these regulations. |
Art. VI-7
The legal framework allows, where appropriate and feasible, for the Management Authority to affix a stamp upon any specimen, the stamp 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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 14. Where appropriate and feasible, the Director or Director of Customs may cause any wild life or trophy which is being imported into or exported from Zimbabwe may be marked with an indelible imprint or lead seal or some other manner so as to render its imitation by unauthorised persons 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.
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No relevant elements identified/documented |
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 Management Authority is satisfied that the specimens were acquired before the provisions of CITES applied to such specimens.
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 Management Authority is satisfied that the specimens were acquired before the provisions of CITES applied to such specimens.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 3(3). No permit or certificate shall be required in terms of subsection (1) for the import or export of any trophy which is a personal effect save in the following circumstances- (a) where a person who is ordinarily resident in Zimbabwe imports into Zimbabwe any trophy of wild life referred to in Part I of the Second Schedule which he acquired outside Zimbabwe; (b) where a person who is ordinarily resident in Zimbabwe imports into Zimbabwe any trophy of wild life referred to in Part II of the Second Schedule which he acquired outside Zimbabwe in the country where the wild life concerned was removed from the wild, if that country requires prior grant of an export permit before any export of such trophy; (c) where a person who is ordinarily resident in Zimbabwe exports from Zimbabwe any trophy of wild life referred to in Part I of the Second Schedule which he acquired within Zimbabwe; or (d) where a person who is ordinarily resident in Zimbabwe exports from Zimbabwe any trophy of wild life referred to in Part II of the Second Schedule which was removed from the wild within Zimbabwe, if he acquired such trophy within Zimbabwe. |
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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 2. For the purpose of these regulations, any wild life referred to in Part I of the Second Schedule which was bred in captivity, ranched or artificially propagated, as the case may be, for commercial purposes, shall be deemed to be wild life referred to in Part II of the Second Schedule. |
Art. VII-5
The legal framework provides that, where the 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 Articles III, IV or V of CITES.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 3(2) (b). Subsection (1) shall not apply to the import or export of- any wild life which was bred in captivity, ranched or artificially propagated, as the case may be, or any trophy of such wild life, if the importer or exporter holds a certificate to that effect- (i) in the case of an import, granted by an appropriate authority in the country in which the wild life concerned was bred o propagated; (ii) in the case of an export, issued by the Director. |
Art. VII-6
The legal framework provides that the 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.
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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 3 (4). The Director may, on such terms and conditions as he may fix, grant written exemption to any person from compliance with all or any provisions of subsection (1) in respect of the import or export of wild life or trophies which form part of travelling zoo, circus, menagerie, plant exhibition, or other travelling exhibition, where- (a) the importer or exporter has provided the Director with full details of the wild life or trophies concerned; and (b) the wild life or trophies concerned- (i) were acquired by the importer or exporter before the Convention applied to them; or (ii) in the case of wild life, was bred in captivity, ranched or artificially propagated, as the case may be, or, in the case of trophies, were derived from such wild life, and (c) the Director is satisfied that any wild life will be so transported and cared to minimise 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 such specimens to the State of export.
a) penalize trade in, or possession of, such specimens, or both; and
b) confiscate or return such specimens to the State of export.
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Parks and Wild Life Act [Chapter 20:14]
Section 45 (1). No person shall— (a) hunt any specially protected animal; or (b) keep, have in his possession or sell or otherwise dispose of any live specially protected animal or the meat or trophy of any such animal; except in terms of a permit issued in terms of section forty-six. |
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 13(1). An inspector, or the authorized representative of the Minister specified in section 12 may - (a) seize or confiscate goods imported or sought to be exported in contravention of these regulations ; (...) Section 15(1) No person shall - (a) contravene or fail to comply with any provision of these regulations or any request, requirement or demand lawfully made under these regulations. (g) possess, distribute, donate, purchase, sell or in any way trade in wilddlife referred to in Parts I, II and III of the Second Schedule which has been imported into Zimbabwe in contravention of the Convention. (2). Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence, and liable to a fine of one thousand dollars or imprisonment for a period of one year or to both such fine and such imprisonment. |
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.
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No relevant elements identified/documented |
Art. VIII-3
The legal framework allows for:
- the passing of specimens through any formalities required for trade with a minimum of delay;
- the designation, to facilitate such passage, of ports of exit and entry at which specimens are presented for clearance; and
- proper caring of all living specimens, during any period of transit, holding or shipment, so as to minimize the risk of injury, damage to health or cruel treatment.
- the passing of specimens through any formalities required for trade with a minimum of delay;
- the designation, to facilitate such passage, of ports of exit and entry at which specimens are presented for clearance; and
- proper caring of all living specimens, during any period of transit, holding or shipment, so as to minimize the risk of injury, damage to health or cruel treatment.
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No relevant elements identified/documented |
Art. VIII-4
The legal framework requires that:
a) specimens confiscated as a result of measures referred to in Article VIII-1 of CITES be entrusted to the Management Authority of the State of confiscation; or
b) the 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 place, appropriate to and consistent with the purposes of CITES.
a) specimens confiscated as a result of measures referred to in Article VIII-1 of CITES be entrusted to the Management Authority of the State of confiscation; or
b) the 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 place, appropriate to and consistent with the purposes of CITES.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 13(4). Anything seized in terms of this section shall, if circumstances permit, be returned to its owner at the conclusion of any proceedings taken or inquiry made thereto. |
Art. VIII-6
The legal framework allows for a proper recording of trade in specimens of species listed in Appendices I, II and III of CITES, covering:
a) the names and addresses of exporters and importers;
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) the size and sex of the specimens in question, where applicable.
a) the names and addresses of exporters and importers;
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) the size and sex of the specimens in question, where applicable.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 6 (3). A permit issued by the Director or the Director of Customs, as the case may be, for the export of any wild life referred to in Part I , II, or III of the Second Schedule, or any trophy of such wild life, shall, in addition to the matters specified in subsection (2), contain the following information- (a) the name of the person to whom it is issued, and (b) the name of "Zimbabwe" as being the country of export, and (c) the period of validity of the permit, and (d) in relation to the wild life or trophy which is being exported- (i) the species of the wild life concerned, and (ii) in the case of living specimens for wild life, the number of specimens, their sexes, size and details of identifying marks, and (iii) in the case of parts or derivatives of wild life, their quantity and type and identifying marks, and (iv) the Appendix to the Convention in which the species concerned is listed; and (v) where known, whether or not the wild life concerned was bred in captivity, ranched or cultivated in Zimbabwe and where feasible the name of the country to which, the name and address of the person to whom, the wild life and trophy concerned is being consigned. |
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 on legal trade containing a summary of the information specified in Article VIII-6-b;
b) an annual report on illegal trade on all seizures for violations involving CITES-listed species (list of all seizures made at an international border or at domestic level in the period from 1 January to 31 December, of the year preceding the year in which the report is submitted); and
c) a biennial or triennal report on legislative, regulatory and administrative measures taken to enforce the provisions of CITES.
a) an annual report on legal trade containing a summary of the information specified in Article VIII-6-b;
b) an annual report on illegal trade on all seizures for violations involving CITES-listed species (list of all seizures made at an international border or at domestic level in the period from 1 January to 31 December, of the year preceding the year in which the report is submitted); and
c) a biennial or triennal report on legislative, regulatory and administrative measures taken to enforce the provisions of CITES.
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No relevant elements identified/documented |
Art. VIII-8
The legal framework allows for the information referred to in Article VIII-7 of CITES to be available to the public where this is not inconsistent with the law of the State.
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No relevant elements identified/documented |
Art. IX
The legal framework designates:
a) one or more Management Authorities in charge of granting 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.
a) one or more Management Authorities in charge of granting 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.
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Parks and Wildlife (Import and Export) (Wildlife) Regulations, 1998
Section 5 (1). Subject to this section and any other law, the Director may issue to any person, as may be appropriate in the particular case. (2). Subject to any law and to any direction given to him by the Director, the Director of Customs may, as appropriate, issue the permit or certificate referred to in subsection (1) in respect of the import, export or re export of any trophy. |
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Parks and Wildlife Act [Chapter 201:14]
Section 34(1). Subject to this Act, the Authority, with the concurrence of the Minister, may issue a permit to any person to— (a) hunt any animal in a sanctuary; or (b) remove any animal or any part of an animal from a sanctuary; or (c) sell any animal or any part of an animal which has been hunted in or has died in or has been removed from a sanctuary: Provided that the Authority shall not issue any such permit— (a) to hunt or remove any designated animal or any part of such animal unless it is satisfied that the hunting or removal is necessary for— (i) scientific purposes; or (ii) the protection of human life or property; (b) to hunt or remove any animal or any part of an animal other than a designated animal unless it is satisfied that the hunting or removal is necessary for— (i) scientific purposes; or (ii) educational purposes; or (...) |