Botswana- International treaties – CITES
RATIFIED INTERNATIONAL INSTRUMENTS
Botswana
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 2 (extract): [...] " CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora to which Botswana is a Party as set out in the Fifth Schedule to this Act, and includes any Appendices thereto and any Resolutions of the Conferences of the Parties; "sell" means sell, barter, exchange, hawk, offer or expose for sale; "trophy" means any horn, ivory, tooth, tusk, bone, claw, hoof, hide, skin, hair, feather, egg or other durable portion whatsoever of any animal, whether processed or not, which is recognizable as a durable portion of such animal; "trophy dealer" means a person who carries on the business of buying trophies for resale or export, or who carries on the business of processing trophies; [...] "wildlife officer" means any person for the time being holding the public office of Director or any other public officer of the Department of Wildlife and National Parks charged with the implementation and administration of the provisions of this Act, and, to the extent to which an honorary officer is permitted to act, includes an honorary officer. |
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Wildlife Conservation and National Parks (Amendment) Act 2023
Section 2 (extract): The Wildlife Conservation and National Parks Act (hereinafter referred to as "the Act") is amended in section 2 by inserting in their correct alphabetical order, the following new definitions - "Animal" means any vertebrate, invertebrate animal or fish, bird and the egg s and young thereof, but does not include a domestic animal or bird, or the eggs and the young thereof; [...] |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): (1) No person shall, except under and in accordance with the terms and conditions of a permit granted to him by the Director under subsection (3), export from or import into or transport through or re-export from Botswana any animal, or trophy, meat or eggs thereof. (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (3), the Director, as Management Authority in accordance with the terms of CITES shall require to be satisfied that- (a) the animal, trophy, meat or eggs has or have been lawfully acquired; (b) the issue of the permit will not in any way be detrimental to the survival of the species; (c) where required, the Management Authority of the importing country has granted an import permit in respect of the animal, trophy, meat or eggs; and (d) in the case of a live animal, all necessary steps have been taken to minimize the risk of injury, cruelty or damage to its health during transport or transshipment of the animal to its destination. (3) Subject to compliance with the provisions of any other written law relating to the export or import of goods, to the provisions of subsections (2) and (4), and to any regulations made or directions given, or terms and conditions imposed by the Minister in respect of certain or specified animals, a licensing officer may, on application being made in such form and on payment of such fee as may be prescribed, grant permits for the export from or import into or re-export from Botswana of any animal, or trophy, meat or eggs thereof. [...] Section 68: (1) Any person who imports any ivory or any tusk into Botswana, or who acquires, within Botswana, any ivory, or any tusk, without a certificate of ownership issued under section 67(2)shall, within 7 days of so importing or acquiring it, produce such ivory or tusk to a licensing officer, at such wildlife office as may be prescribed for that purpose, for registration, together with such reasonable proof of the lawful importation or acquisition thereof as the licensing officer may require, and where appropriate the provisions of section 67(2) or (3) shall mutatis mutandis apply in respect thereof: Provided that the provisions of this subsection shall not apply in respect of any tusk or ivory which is imported into Botswana by any museum or scientific or educational institution, or in respect of any ivory which is in such form, or is acquired from such source, as the Minister may, bearing in mind the terms of CITES, by regulations made under this Act, or in any particular case exempt therefrom. (2) Any person who fails to comply with or contravenes the provisions of subsection (1), or who is found in possession of any tusk or ivory and cannot produce a certificate of ownership issued under section 67(2) therefor, or proof of registration thereof or any reasonable proof of lawful importation or possession thereof, shall be guilty of an offence and liable to a fine of P50 000 and to imprisonment for 10 years. Section 69 (extract): (1) Except as otherwise specially provided in CITES, and as may be provided in regulations made under this Act, no person shall transfer to another person any tusk or any ivory which, under the provisions of this Act, is required to be registered and which has not been so registered. [...] Section 70. Any rhinoceros horn shall be a Government trophy and, except only as provided in section 67(6), no person shall have in his possession, transfer or in any way deal in rhinoceros horn, and any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine of P100 000 and to imprisonment for 15 years: Provided that the provisions of this section shall not apply in respect of the possession of any duly registered rhinoceros horn by a person who acquired it lawfully prior to the commencement of this Act and who registers such possession with a licensing officer, at such wildlife office as may be prescribed for the purpose, within three months after the commencement of this Act. SIXTH SCHEDULE (PROTECTED GAME ANIMALS) Night-ape, Pangolin, Aardwolf, Brown hyaena, Cheetah, Serval, Blackfooted cat, Wild dog, Otter, Honey badger, Civet, Antbear, Rock dassie, Yellow-spotted dassie, Rhinoceros, Hippopotamus, Giraffe, Klipspringer, Oribi, Sharpe's steenbok, Mountain reedbuck, Waterbuck, Puku, Roan antelope, Vaal rhebok, All pelicans, All herons, All egrets, All bitterns, Hammerkop, All storks, All ibises, Spoonbill, All flamingos, Secretary bird, All vultures, All falcons, All kites, All eagles, All buzzards, All sparrowhawks, All goshawks, All harriers, All cranes, Kori bustard, Stanley bustard, All jacanas, Fishing owl, Narina trogon, and Python Seventh Schedule PART I Partially protected game animals Leopard, Lion, Elephant, Chobe bushbuck, Sable antelope, Eland PART II Game animals Vervet monkey, Baboon, Spotted hyaena, Caracal, Wild cat, Bateared fox, Silver fox, Sidestriped jackal, Blackbacked jackal, Elephant, Zebra, Wild pig, Warthog, Duiker, Steenbok, Kudu, Sitatunga, Bushbuck, Impala, Reedbuck, Lechwe, Springbok, Gemsbok, Buffalo, Blue wildebeest, Hartebeest, Tsessebe, Scrub hare, Cape hare, Porcupine, Springhare, Ostrich, Crocodile PART III Gamebirds Spur-wing goose, Egyptian goose, Whitefaced duck, Knob-billed duck, Cape shoveller, Yellow-billed duck, Red-billed teal, Cape teal, Southern pochard, Francolin, Quail, Guinea-fowl, Snipe, Sandgrouse, Green pigeons, Turtle doves |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (Extract): (1) No person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively. (2) An application for an import, export, re-export or transit permit for game animals not listed under the Fifth Schedule of the Act shall be made in the form set out in the Twenty Sixth Schedule. (3) An import, export, re-export and transit permit for game animals and trophies not listed under the Fifth Schedule of the Act shall be in the form set out in the Twenty Seventh Schedule.[...] |
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Fish Protection Regulations
Section 23: ( 1) No person shall export from Botswana any fresh or processed fish without an export permit issued by an authorised officer. |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 5: The Act is amended by substituting for section 17, the following new section - 17. (1) The animals specified in the Sixth Schedule shall be protected fish and game animals throughout Botswana. (2) No person shall, except in accordance with the terms and conditions of a permit issued by the Director under section 39 or section 40, fish, hunt or capture any protected fish or game animal. (3) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine of P 10 000 or to imprisonment for 7 years, or to both: Provided that, where the animal in respect of which the offence is committed is a rhinoceros, the person shall be liable to a fine of P 10 000 or to imprisonment for 15 years, or to both”. Section 14: The Act is amended in section 62 (2) by inserting immediately after paragraph (d), the following new paragraph "(e) the animal, trophy, meat or eggs in the case of a CITES Appendix I, listed species shall not be traded intemationally for commercial purposes." |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): (1) No person shall, except under and in accordance with the terms and conditions of a permit granted to him by the Director under subsection (3), export from or import into or transport through or re-export from Botswana any animal, or trophy, meat or eggs thereof. (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (3), the Director, as Management Authority in accordance with the terms of CITES shall require to be satisfied that- (a) the animal, trophy, meat or eggs has or have been lawfully acquired; (b) the issue of the permit will not in any way be detrimental to the survival of the species; (c) where required, the Management Authority of the importing country has granted an import permit in respect of the animal, trophy, meat or eggs; and (d) in the case of a live animal, all necessary steps have been taken to minimize the risk of injury, cruelty or damage to its health during transport or transshipment of the animal to its destination. (3) Subject to compliance with the provisions of any other written law relating to the export or import of goods, to the provisions of subsections (2) and (4), and to any regulations made or directions given, or terms and conditions imposed by the Minister in respect of certain or specified animals, a licensing officer may, on application being made in such form and on payment of such fee as may be prescribed, grant permits for the export from or import into or re-export from Botswana of any animal, or trophy, meat or eggs thereof. [...] SIXTH SCHEDULE (PROTECTED GAME ANIMALS) Night-ape, Pangolin, Aardwolf, Brown hyaena, Cheetah, Serval, Blackfooted cat, Wild dog, Otter, Honey badger, Civet, Antbear, Rock dassie, Yellow-spotted dassie, Rhinoceros, Hippopotamus, Giraffe, Klipspringer, Oribi, Sharpe's steenbok, Mountain reedbuck, Waterbuck, Puku, Roan antelope, Vaal rhebok, All pelicans, All herons, All egrets, All bitterns, Hammerkop, All storks, All ibises, Spoonbill, All flamingos, Secretary bird, All vultures, All falcons, All kites, All eagles, All buzzards, All sparrowhawks, All goshawks, All harriers, All cranes, Kori bustard, Stanley bustard, All jacanas, Fishing owl, Narina trogon, and Python SEVENTH SCHEDULE (GAME ANIMALS AND BIRDS) PART I (partially protected game animals) Leopard, Lion, Elephant, Chobe bushbuck, Sable antelope, and Eland PART II (game animals, which may be hunted under licence) Vervet monkey, Baboon, Spotted hyaena, Caracal, Wild cat, Bateared fox, Silver fox, Sidestriped jackal, Blackbacked jackal, Elephant, Zebra, Wild pig, Warthog, Duiker, Steenbok, Kudu, Sitatunga, Bushbuck, Impala, Reedbuck, Lechwe, Springbok, Gemsbok, Buffalo, Blue wildebeest, Hartebeest, Tsessebe, Scrub hare, Cape hare, Porcupine, Springhare, Ostrich, and Crocodile PART III (game birds which may be hunted under licence) Spur-wing goose, Egyptian goose, Whitefaced duck, Knob-billed duck, Cape shoveller, Yellow-billed duck, Red-billed teal, Cape teal, Southern pochard, Francolin, Quail, Guinea-fowl, Snipe, Sandgrouse, Green pigeons, and Turtle doves |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (extract): (1) No person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively. [...] |
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Fish Protection Regulations
Section 23 (extract): ( 1) No person shall export from Botswana any fresh or processed fish without an export permit issued by an authorised officer. [...] |
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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Wildlife Policy, 2013
Para 5.8.3.4 (extract): Collaborate with other law enforcement agencies within and outside the country to develop and implement anti-poaching and anti-trade strategies. |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62: (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (3), the Director, as Management Authority in accordance with the terms of CITES, shall require to be satisfied that- (a) the animal, trophy, meat or eggs has or have been lawfully acquired; (b) the issue of the permit will not in any way be detrimental to the survival of the species; (c) where required, the Management Authority of the importing country has granted an import permit in respect of the animal, trophy, meat or eggs; and (d) in the case of a live animal, all necessary steps have been taken to minimize the risk of injury, cruelty or damage to its health during transport or transshipment of the animal to its destination. (3)Subject to compliance with the provisions of any other written law relating to the export or import of goods, to the provisions of subsections (2) and (4), and to any regulations made or directions given, or terms and conditions imposed by the Minister in respect of certain or specified animals, a licensing officer may, on application being made in such form and on payment of such fee as may be prescribed, grant permits for the export from or import into or re-export from Botswana of any animal, or trophy, meat or eggs thereof. Section 68: (1) Any person who imports any ivory or any tusk into Botswana, or who acquires, within Botswana, any ivory, or any tusk, without a certificate of ownership issued under section 67(2)shall, within 7 days of so importing or acquiring it, produce such ivory or tusk to a licensing officer, at such wildlife office as may be prescribed for that purpose, for registration, together with such reasonable proof of the lawful importation or acquisition thereof as the licensing officer may require, and where appropriate the provisions of section 67(2) or (3) shall mutatis mutandis apply in respect thereof: Provided that the provisions of this subsection shall not apply in respect of any tusk or ivory which is imported into Botswana by any museum or scientific or educational institution, or in respect of any ivory which is in such form, or is acquired from such source, as the Minister may, bearing in mind the terms of CITES, by regulations made under this Act, or in any particular case exempt therefrom. (2) Any person who fails to comply with or contravenes the provisions of subsection (1), or who is found in possession of any tusk or ivory and cannot produce a certificate of ownership issued under section 67(2) therefor, or proof of registration thereof or any reasonable proof of lawful importation or possession thereof, shall be guilty of an offence and liable to a fine of P50 000 and to imprisonment for 10 years. Section 69 (extract): (1) Except as otherwise specially provided in CITES, and as may be provided in regulations made under this Act, no person shall transfer to another person any tusk or any ivory which, under the provisions of this Act, is required to be registered and which has not been so registered. [...] |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (extract): (1) No person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively.[...] |
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Fish Protection Regulations
Section 23 (extract): (1) No person shall export from Botswana any fresh or processed fish without an export permit issued by an authorised officer. [...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 3: The Act is amended in section 3 by substituting for subsection (3), the following new subsection - "(3) The Director shall be the Scientific Authority and the Management Authority for the purposes of CITES in respect of animais, but may delegate hi s responsibilities as such Authorities under this Act to any other officers and or institutions beyond the Department of Wildlife and National Parks subject to his own overriding control." Section 14: The Act is amended in section 62 (2) by inserting immediately after paragraph (d), the following new paragraph "(e) the animal, trophy, meat or eggs in the case of a CITES Appendix I, listed species shall not be traded intemationally for commercial purposes." |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): [...] (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (3), the Director, as Management Authority in accordance with the terms of CITES, shall require to be satisfied that-[...] (b) the issue of the permit will not in any way be detrimental to the survival of the species; (c) where required, the Management Authority of the importing country has granted an import permit in respect of the animal, trophy, meat or eggs; and (d) in the case of a live animal, all necessary steps have been taken to minimize the risk of injury, cruelty or damage to its health during transport or transshipment of the animal to its destination. [...] Section 68: (1) Any person who imports any ivory or any tusk into Botswana, or who acquires, within Botswana, any ivory, or any tusk, without a certificate of ownership issued under section 67(2) shall, within 7 days of so importing or acquiring it, produce such ivory or tusk to a licensing officer, at such wildlife office as may be prescribed for that purpose, for registration, together with such reasonable proof of the lawful importation or acquisition thereof as the licensing officer may require, and where appropriate the provisions of section 67(2) or (3) shall mutatis mutandis apply in respect thereof: Provided that the provisions of this subsection shall not apply in respect of any tusk or ivory which is imported into Botswana by any museum or scientific or educational institution, or in respect of any ivory which is in such form, or is acquired from such source, as the Minister may, bearing in mind the terms of CITES, by regulations made under this Act, or in any particular case exempt therefrom. (2) Any person who fails to comply with or contravenes the provisions of subsection (1), or who is found in possession of any tusk or ivory and cannot produce a certificate of ownership issued under section 67(2) therefor, or proof of registration thereof or any reasonable proof of lawful importation or possession thereof, shall be guilty of an offence and liable to a fine of P50 000 and to imprisonment for 10 years. |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (extract): (1) No person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively.[...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 14: The Act is amended in section 62 (2) by inserting immediately after paragraph (d), the following new paragraph - "(e) the animal, trophy, meat or eggs in the case of a CITES Appendix I, listed species shall not be traded internationally for 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.
(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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): [...] (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (1), the Director, as Management Authority in accordance with the terms of CITES, shall require to be satisfied that- (a) the animal, trophy, meat or eggs has or have been lawfully acquired; (b) the issue of the permit will not in any way be detrimental to the survival of the species; (c) where required, the Management Authority of the importing country has granted an import permit in respect of the animal, trophy, meat or eggs; and (d) in the case of a live animal, all necessary steps have been taken to minimize the risk of injury, cruelty or damage to its health during transport or transshipment of the animal to its destination. (3)Subject to compliance with the provisions of any other written law relating to the export or import of goods, to the provisions of subsections (2) and (4), and to any regulations made or directions given, or terms and conditions imposed by the Minister in respect of certain or specified animals, a licensing officer may, on application being made in such form and on payment of such fee as may be prescribed, grant permits for the export from or import into or re-export from Botswana of any animal, or trophy, meat or eggs thereof. Section 63 (extract): Export duty at such rate as the Minister may, by order in the Gazette, from time to time determine, shall be paid to the licensing officer to whom application is made for an export permit, on all animals, or trophies, meat, hide, skins or eggs thereof exported from Botswana: Provided that- (a) the provisions of this section shall not apply in respect of any animal, or trophy, meat, hide, skin or eggs thereof acquired by the holder of a Minister's licence issued in accordance with the provisions of section 89, by virtue of such licence, or lawfully imported into Botswana and then re-exported; and [...] |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (extract) : (1) No person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively. [...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 14 : The Act is amended in section 62 (2) by inserting immediately after paragraph (d) , the following new paragraph - "(e) the animal, trophy, meat or eggs in the case of a CITES Appendix I, listed species shall not be traded intemationally for commercial purposes.' |
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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No relevant elements identified/documented |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): [...] (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (3), the Director, as Management Authority in accordance with the terms of CITES, shall require to be satisfied that- (a) the animal, trophy, meat or eggs has or have been lawfully acquired; (b) the issue of the permit will not in any way be detrimental to the survival of the species; (c) where required, the Management Authority of the importing country has granted an import permit in respect of the animal, trophy, meat or eggs; and (d) in the case of a live animal, all necessary steps have been taken to minimize the risk of injury, cruelty or damage to its health during transport or transshipment of the animal to its destination. (3)Subject to compliance with the provisions of any other written law relating to the export or import of goods, to the provisions of subsections (2) and (4), and to any regulations made or directions given, or terms and conditions imposed by the Minister in respect of certain or specified animals, a licensing officer may, on application being made in such form and on payment of such fee as may be prescribed, grant permits for the export from or import into or re-export from Botswana of any animal, or trophy, meat or eggs thereof. [...] |
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Fish Protection Regulations
Regulation 23 (extract): ( 1) No person shall export from Botswana any fresh or processed fish without an export permit issued by an authorised officer. [...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 14 : The Act is amended in section 62 (2) by inserting immediately after paragraph (d) , the following new paragraph - "(e) the animal, trophy, meat or eggs in the case of a CITES Appendix I, listed species shall not be traded intemationally for commercial purposes." |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 3 (extract): (1) There shall be designated a public officer to be the Director of Wildlife and National Parks, and there shall be within the public service such wildlife officers as are necessary for the purposes of this Act. (2) The Director shall designate suitable wildlife officers to be licensing officers for the purposes of this Act.[...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 3: The Act is amended in section 3 by substituting for subsection (3), the following new subsection - "(3) The Director shall be the Scientific Authority and the Management Authority for the purposes of CITES in respect of animals, but may delegate his responsibilities as such Authorities under this Act to any other officers and or institutions beyond the Department of Wildlife and National Parks subject to his own overriding control." |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): [...] (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (1), the Director, as Management Authority in accordance with the terms of CITES, shall require to be satisfied that [...] |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (extract): (1) No person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively. [...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 3: The Act is amended in section 3 by substituting for subsection (3), the following new subsection - "(3) The Director shall be the Scientific Authority and the Management Authority for the purposes of CITES in respect of animals, but may delegate his responsibilities as such Authorities under this Act to any other officers and or institutions beyond the Department of Wildlife and National Parks subject to his own overriding control." |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): [...] (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (1), the Director, as Management Authority in accordance with the terms of CITES, shall require to be satisfied that- (a) the animal, trophy, meat or eggs has or have been lawfully acquired; [...] (d) in the case of a live animal, all necessary steps have been taken to minimize the risk of injury, cruelty or damage to its health during transport or transshipment of the animal to its destination. (3) Subject to compliance with the provisions of any other written law relating to the export or import of goods, to the provisions of subsections (2) and (4), and to any regulations made or directions given, or terms and conditions imposed by the Minister in respect of certain or specified animals, a licensing officer may, on application being made in such form and on payment of such fee as may be prescribed, grant permits for the export from or import into or re-export from Botswana of any animal, or trophy, meat or eggs thereof. [...] |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (extract): (1) No person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively.[...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 3: The Act is amended in section 3 by substituting for subsection (3), the following new subsection - "(3) The Director shall be the Scientific Authority and the Management Authority for the purposes of CITES in respect of animals, but may delegate his responsibilities as such Authorities under this Act to any other officers and or institutions beyond the Department of Wildlife and National Parks subject to his own overriding control." |
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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No relevant elements identified/documented |
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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No relevant elements identified/documented |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): [...] (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (1), the Director, as Management Authority in accordance with the terms of CITES, shall require to be satisfied that (a) the animal, trophy, meat or eggs has or have been lawfully acquired [...] (d) in the case of a live animal, all necessary steps have been taken to minimize the risk of injury, cruelty or damage to its health during transport or transshipment of the animal to its destination. (3) Subject to compliance with the provisions of any other written law relating to the export or import of goods, to the provisions of subsections (2) and (4), and to any regulations made or directions given, or terms and conditions imposed by the Minister in respect of certain or specified animals, a licensing officer may, on application being made in such form and on payment of such fee as may be prescribed, grant permits for the export from or import into or re-export from Botswana of any animal, or trophy, meat or eggs thereof.[...] |
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Fish Protection Regulations
Section 23 (extract): (1) No person shall export from Botswana any fresh or processed fish without an export permit issued by an authorised officer. [...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 3: The Act is amended in section 3 by substituting for subsection (3), the following new subsection - "(3) The Director shall be the Scientific Authority and the Management Authority for the purposes of CITES in respect of animals, but may delegate his responsibilities as such Authorities under this Act to any other officers and or institutions beyond the Department of Wildlife and National Parks subject to his own overriding control." |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): [...] (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (3), the Director, as Management Authority in accordance with the terms of CITES [...] |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 : (1) No person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively. |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): [...] (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES. [...] [...] (3) Subject to compliance with the provisions of any other written law relating to the export or import of goods, to the provisions of subsections (2) and (4), and to any regulations made or directions given, or terms and conditions imposed by the Minister in respect of certain or specified animals, a licensing officer may, on application being made in such form and on payment of such fee as may be prescribed, grant permits for the export from or import into or re-export from Botswana of any animal, or trophy, meat or eggs thereof.[...] |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (extract): (1) No person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively. [...] |
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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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (extract): [...] (4) An import, export, re-export and transit permit for game animals and trophies specified in the Fifth Schedule of the Act, shall be in the form set out in the Twenty Eighth Schedule. [...] |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 31 (extract): [...] (7) A licence issued under this section shall bear the stamp of the Department of Wildlife and National Parks in red, and no licence shall be valid or accepted unless it is the original licence and bears such stamp.[...] |
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Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001
Regulation 34 (extract): [...] (4) An import, export, re-export and transit permit for game animals and trophies specified in the Fifth Schedule of the Act, shall be in the form set out in the Twenty Eighth Schedule. [...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 8: The Act is amended in section 31 by substituting for subsection (8), the following new subsection - "(8) A licence issued under this section shall be personal to the person to whom it is issued and shall not be transferable and may not be amended to permit fishing or hunting thereunder to be transferred from one controlled hunting area or controlled fishing waters to another, except in a manner as may be prescribed.". |
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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No relevant elements identified/documented |
Art. VI-5
The legal framework provides that separate permits or certificates are required for each consignment of specimen.
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No relevant elements identified/documented |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 41 (extract):[...] (3) The Minister may, at any time, and without assigning a reason therefor, cancel, amend or modify a permit issued under this Act, forthwith so informing the holder of the permit, and such holder shall return such permit to the Minister for cancellation, amendment or modification, as the case may be, within 21 days from the date of his being so informed. [...] Section 88 (extract): Directions by Minister [...](2) Subject to the provisions of this Act and to any directions that may have been given to him by the Minister under subsection (1), where any person is vested by this Act with a power to allow, give consent to, grant, specify or revoke or cancel any matter or thing, that person may, without giving any reasons therefor and in his absolute discretion, allow or disallow, give or withhold consent, grant or not grant, specify or not specify, revoke or cancel or not revoke or cancel that matter or thing as he thinks most conducive to the public good: Provided that nothing in this section shall be construed as referring to any function of or any power vested in any court by or under this Act. |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): [...] (4) Where, subject to the provisions of subsection (2), a permit for the export of any elephant tusk is granted, the weight thereof and the distinctive mark and number placed thereon in terms of section 67 (2) shall be endorsed on the permit. [...] Section 67 (extract): [...] (2) The licensing officer to whom such tusks are produced shall, if satisfied after such enquiry as he may consider necessary that they have been lawfully obtained, and that possession and ownership thereof will not be contrary to the terms of CITES, weigh them and cause them to be marked with a distinctive mark and number and the name of the owner, the date and such other information as may be required in a register to be kept for that purpose, and, subject to subsection (3), return them to the person producing them together with a certificate of ownership in the prescribed form, on which shall be endorsed the registered particulars.[...] |
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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No relevant elements identified/documented |
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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No relevant elements identified/documented |
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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No relevant elements identified/documented |
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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No relevant elements identified/documented |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 62 (extract): (1) No person shall, except under and in accordance with the terms and conditions of a permit granted to him by the Director under subsection (3), export from or import into or transport through or re-export from Botswana any animal, or trophy, meat or eggs thereof. [...] (5) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine of P10 000 and to imprisonment for 7 years: Provided that- (a) where the contravention is in respect of a rhinoceros or any trophy thereof, the penalty shall be a fine of P100 000, and imprisonment for 10 years; or (b) where the contravention is in respect of an elephant or any trophy thereof, the penalty shall be a fine of P50 000, and imprisonment for 10 years. Section 75: (1) Where any person is convicted of an offence under this Act, the court may order, and shall order where the offence is one punishable with a fine of P2 000 or over, that any weapon, trap, animal, vehicle, aircraft or boat used for the purpose of or in connection with the commission of the offence, shall be forfeited to the State. (2) Where the holder of a licence, permit, authority or permission issued or granted under this Act is convicted of an offence under the Act for which the penalty prescribed is P1 000 or over, such conviction shall have the effect of cancelling such licence, permit, authority or permission, unless the court in any particular case decides otherwise. (3) Anything forfeited to the State under this section shall be disposed of as the Minister may direct: Provided that such disposal shall not in any way include returning any of the items to the offender or any party to the offence. |
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Fish Protection Regulations
Regulation 19 (extract): ( 1) The owner or occupier of any land or any person authorised thereto by him or her may, without warrant, search any boat, premises, hut, tent, camping place, vehicle or receptacle on such land or any road traversing such land if the owner, occupier or authorised person has reasonable cause to suspect that there is contained therein any fish, or any thing or article by means of which or in respect of which, any provision of these Regulations has been contravened and may seize such fish, article or thing found by him or her. [...] Regulation 23 (extract): [...] (4) A person who exports fish without an export permit commits an offence and is liable to a fine not exceeding P500, or to imprisonment for a term not exceeding six months, or to both. |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 14: The Act is amended in section 62 (2) by inserting immediately after paragraph (d), the following new paragraph - "(e) the animal, trophy, meat or eggs in the case of a CITES Appendix I, listed species shall not be traded internationally for commercial purposes." |
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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Excise Duty Act
Section 1 (extract): [...] 2. (1) In this Act unless the context otherwise requires - [...] "goods" means all wares, articles, merchandise, animals, currency, matter or things on which excise duty is leviable under this Act; [...] Section 7 (extract): (1) The Minister may appoint by notice published in the Gazette - (a) places to be places of entry for Botswana, through which goods may be imported or exported or where goods may be landed for transit, where persons entering or leaving Botswana may disembark or embark or where goods may be entered for excise purposes; (b) the roads or routes (including railways) over which persons may enter or leave Botswana or imported goods or goods intended for export or transit carriage may enter or leave Botswana or may be carried from any one point to any other point or the means of carriage of such goods; [...] (d) places for such particular and limited purposes and for such periods as may be appointed; (e) places to be excise airports at which aircraft entering Botswana shall first land, from which aircraft leaving Botswana shall finally depart, through which goods may be imported or exported or where goods may be landed for transit or where persons entering or leaving Botswana may disembark or embark; [...] |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 75 (extract): (1) Where any person is convicted of an offence under this Act, the court may order, and shall order where the offence is one punishable with a fine of P2 000 or over, that any weapon, trap, animal, vehicle, aircraft or boat used for the purpose of or in connection with the commission of the offence, shall be forfeited to the State. [...] (3) Anything forfeited to the State under this section shall be disposed of as the Minister may direct: Provided that such disposal shall not in any way include returning any of the items to the offender or any party to the offence. |
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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No relevant elements identified/documented |
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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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 3 (extract): (1) There shall be designated a public officer to be the Director of Wildlife and National Parks, and there shall be within the public service such wildlife officers as are necessary for the purposes of this Act. (2) The Director shall designate suitable wildlife officers to be licensing officers for the puiposes of this Act.[...] |
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Wildlife Conservation and National Parks (Amendment) Act, 2023
Section 3: The Act is amended in section 3 by substituting for subsection (3), the following new subsection - "(3) The Director shall be the Scientific Authority and the Management Authority for the purposes of CITES in respect of animals, but may delegate his responsibilities as such Authorities under this Act to any other officers and or institutions beyond the Department of Wildlife and National Parks subject to his own overriding control.". |