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Import and Export under CITES

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..... Import and Export under CITES
By: - YAGAY andSUN
Customs - Import - Export - SEZ
Dated:- 31-1-2025
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement aimed at ensuring that the trade of wild animals and plants does not threaten their survival. CITES regulates and monitors the import, export, and re-export of species that are considered endangered or at risk due to over-exploitation for trade. India is a party to CITES, and the country's regulations on import and export of CITES-listed species are governed by national laws, such as the Wildlife Protection Act of 1972, alongside CITES obligations. 1. Import and Export under CITES A. CITES Species Listing .....

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..... CITES species are categorized into three Appendices, based on the level of protection they require: * Appendix I: Species that are threatened with extinction and are prohibited from international trade, except under exceptional circumstances (e.g., for scientific research or conservation purposes). * Appendix II: Species that are not necessarily threatened with extinction, but that could become so if trade is not regulated. Trade in these species is allowed but strictly controlled. * Appendix III: Species that are protected in at least one country, which has asked other CITES parties for assistance in controlling the trade. The species may be traded if the country has agreed to allow it. India's Wildlife Protection Act of 1972 align .....

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..... s with CITES regulations to ensure that species listed in CITES Appendices are regulated. 2. Import and Export Process under CITES: The import or export of CITES-listed species requires strict compliance with documentation and permitting processes. A. Importing CITES-listed Species into India: * Permit Requirement: * To import any CITES-listed species into India, the importer must obtain a CITES import permit from the Ministry of Environment, Forest and Climate Change (MoEFCC), Government of India. The permit is issued only if the species is not listed under Appendix I unless there are exceptional circumstances (such as scientific research or conservation purposes). * Pre-import Documentation: * The importing party must obtain CIT .....

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..... ES export permits or certificates from the country of origin before importing any CITES-listed species into India. * In the case of Appendix II or III species, the importer must ensure that the species being imported meets the conditions for non-detrimental trade. * Customs Clearance: * Upon arrival in India, CITES-listed species are subject to Customs inspection. The Customs Department will verify the documentation, such as the CITES import permit, export permit, and any necessary certificates. * The goods may be detained if the proper documentation is not available or if the goods are not compliant with CITES requirements. * Health and Quarantine Checks: * Certain species, especially animals and plants, may require quarantine .....

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..... or health checks before they are allowed entry into the country. This ensures that the imported species do not pose a threat to local biodiversity or ecosystems. B. Exporting CITES-listed Species from India: * Permit Requirement: * The exporter must obtain a CITES export permit from the Wildlife Crime Control Bureau (WCCB), which is the designated agency under MoEFCC. * The exporter must ensure that the species is either: * Listed under Appendix II or III, or * Appendix I species may only be exported under special conditions (such as for scientific or conservation purposes). * Pre-export Documentation: * For the export of CITES-listed species, exporters must ensure that the appropriate export permits and certificates are obta .....

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..... ined from the relevant CITES management authority in India. * The export of specimens must not adversely affect the survival of the species in the wild, and must comply with the sustainability criteria outlined by CITES. * Customs and Enforcement Checks: * Exporters must present the appropriate CITES export permits and other related documentation to Customs during the export process. * The goods will undergo verification by Customs to ensure compliance with CITES regulations and ensure that the species are not being exported illegally. * Special Considerations for Live Animals: When exporting live animals or plants listed under CITES, exporters must follow additional requirements, such as: * The species must be legally obtained .....

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..... from the wild or captive breeding programs. * Transport must adhere to regulations for the humane and safe transportation of live animals. * Exporters must provide evidence of compliance with relevant animal welfare regulations. C. Re-export of CITES Species: Re-export refers to the export of a previously imported CITES-listed specimen to another country. Similar to imports and exports, re-export permits are required, and the specimen must meet the same CITES standards for trade and documentation. 3. CITES Documentation and Permits: The following key documents are required for the import, export, or re-export of CITES-listed species: A. CITES Import Permit: Issued by the MoEFCC for importing CITES-listed species into India. It ensu .....

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..... res that the species will be handled in a manner that is consistent with CITES regulations. B. CITES Export Permit: Issued by MoEFCC or relevant authorities in India for exporting CITES-listed species. It ensures that the export does not threaten the species' survival and that the export is legal. C. CITES Re-Export Certificate: Required for re-exporting specimens that were imported into India and are now being exported to another country. This document proves the legality of the species' import into India. D. Certificate of Origin: A document that proves the species was legally obtained in the country of origin. This is necessary for both import and export documentation. E. Certificate of Legal Acquisition: This certificate confirms th .....

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..... at the species was obtained legally, whether from the wild or from a breeding program. It is required to ensure that the species is not being illegally traded. 4. Restrictions and Penalties A. Import/Export Restrictions: * Appendix I species (those critically endangered) are typically subject to a total ban on trade, except under special circumstances like for scientific research or conservation breeding programs. * Exporting or importing these species without authorization can result in severe penalties. B. Penalties for Non-compliance: Non-compliance with CITES regulations can result in both criminal and civil penalties, including: * Fines: Heavy monetary fines for illegal trade or failure to present proper documentation. * Imp .....

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..... risonment: In cases of illegal trafficking of CITES-listed species, offenders can face up to Seven (7) years of imprisonment under the Wildlife Protection Act, 1972. * Seizure of Goods: Any goods found to be in violation of CITES regulations can be confiscated by authorities. * Revocation of Trade Permissions: Repeated violations may lead to the suspension or revocation of the license to trade in wildlife species. 5. Compliance and Enforcement * Wildlife Crime Control Bureau (WCCB): In India, WCCB enforces CITES compliance and is responsible for monitoring illegal trade and ensuring that all imports and exports of CITES-listed species adhere to legal provisions. * MoEFCC: This is the primary authority responsible for issuing CITES .....

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..... permits and overseeing the regulation of wildlife trade in India. * Customs Department: Works closely with CITES authorities to prevent the illegal import/export of CITES-listed species at border checkpoints. Conclusion: The import and export of CITES-listed species are strictly regulated to prevent exploitation of endangered species and ensure their survival in the wild. Compliance with CITES regulations is mandatory for all importers and exporters. Businesses and individuals must ensure that all necessary permits are obtained, appropriate documentation is provided, and trade is carried out responsibly and sustainably.
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