The Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”) is an international agreement between governments  drafted as a result of a resolution adopted in 1963 at a meeting of members of the International Union for Conservation of Nature (IUCN).  It is also known as the Washington Convention.

The aim of CITES is to regulate international trade in wildlife and plants, including parts, products, and derivatives, to ensure that it is legal and does not threaten the survival of species in the wild.

Parties to the CITES recognize that[i]:

• Wildlife and plants are an irreplaceable part of the natural systems of the earth and must be protected for this and future generations.
• The value of wildlife and plants is ever-growing from the viewpoints of aesthetics, science, culture, recreation, and economics.
• Although countries should be the best protectors of their own wildlife and plants, international cooperation is essential to protect wildlife and plant species from over-exploitation through international trade.
• It is urgent that countries take appropriate measures to prevent illegal trade and ensure that any use of wildlife and plants is sustainable.

CITES works by subjecting international trade in specimens of selected species to certain controls.  All import, export, re-export and introduction from the sea of species covered by the Convention has to be authorized through a licensing system.

Each Party to the Convention must designate one or more Management Authorities in charge of administering that licensing system and one or more Scientific Authorities to advise them on the effects of trade on the status of the species.

The species covered by CITES are listed in three Appendices, according to the degree of protection they need[ii].

• Appendix I includes species threatened with extinction. Trade in specimens of these species is permitted only in exceptional circumstances.
• Appendix II includes species not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival.
• Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling the trade.

A specimen of a CITES-listed species may be imported into or exported (or re-exported) from a State party to the Convention only if the appropriate document has been obtained and presented for clearance at the port of entry or exit.

It is unlawful for any person subject to the jurisdiction of the U.S. to conduct any of the following activities unless they meet the requirements of CITES[iii]:

• Import, export, re-export, or engage in international trade with any specimen of a species listed in Appendix I, II, or III of CITES.
• Introduce from the sea any specimen of a species listed in Appendix I or II of CITES.
• Possess any specimen of a species listed in Appendix I, II, or III of CITES imported, exported, re-exported, introduced from the sea, or traded contrary to the provisions of CITES or the ESA.
• Attempt to commit, solicit another to commit, or cause to be committed any of the activities described above.

CITES has 25 Articles to ensure that international trade in specimens of wild animals and plants does not threaten their survival:

• Article I contains definitions.
• Article II provides for the fundamental principles.
• Article III contains regulations on the trade in specimens of species included in Appendix I.
• Article IV contains regulation on the trade in specimens of species included in Appendix II.
• Article V contains regulation on the trade in specimens of species included in Appendix III.
• Article VI contains provisions regarding permits and certificates.
• Article VII provides for exemptions and other special provisions relating to trade.
• Article VIII contains measures to be taken by the parties.
• Article IX contain details of management and scientific authorities.
• Article X contains provisions regarding trade with states not party to the convention.
• Article XI regulates conference of the parties.
• Article XII regulates the Secretariat.
• Article XIII provides for international measures.
• Article XIV covers the effect on domestic legislation and international conventions.
• Article XV provides for amendments to Appendices I and II.
• Article XVI provides for Appendix III and amendments thereto.
• Article XVII provides for amendment of the convention.
• Article XVIII contains provisions regarding resolution of disputes.
• Article XIX contains provisions regarding signature.
• Article XX contains provisions regarding ratification, acceptance, approval.
• Article XXI contains provisions regarding accession.
• Article XXII provides for entry into force.
• Article XXIII provides for reservations.
• Article XXIV provides for denunciation.
• Article XXV provides for depositary.

[i] 50 CFR 23.1.

[ii] 50 CFR 23.4.

[iii] 50 CFR 23.13.