Geneva, 14 January 2002
Recommendation to suspend trade
1. Decision 11.77 directs the Standing Committee to decide the appropriate measures to be taken with respect to the Parties identified in Decision 11.15. These are Parties whose national legislation, analysed during phase 3 of the National Legislation Project, is believed generally not to meet the requirements for implementation of CITES and that are engaged in significant amounts of international trade in specimens of CITES species. Viet Nam is identified as one of these Parties.
2. Decision 11.16 states that all Parties should refuse any import of specimens of CITES-listed species from, and any export or re-export of such specimens to, the Parties listed in Decision 11.15, if, in spite of receiving any assistance that was requested from the Secretariat, the Parties concerned do not adopt the legislation required before 31 October 2001.
3. Pursuant to Decisions 11.15, 11.16 and 11.77, the Secretariat informed the Standing Committee, at its 45th meeting (Paris, June 2001), about the progress made by the countries concerned. Having considered the report of the Secretariat, the Standing Committee agreed to defer until 31 December 2001 a recommendation to suspend trade in specimens of CITES species with those countries.
4. The inadequacy of Viet Nam’s legislation was brought to the attention of the Management Authority, which has been aware since the 11th meeting of the Conference of the Parties, in April 2000, that Viet Nam might be subject to a recommendation to suspend trade in specimens of CITES species.
5. On 14 February 2001, the Management Authority of Viet Nam informed the Secretariat that specific CITES-implementing legislation was in the final drafting stages and should be reviewed in March 2001 before submission to the Government for approval in June 2001. They further detailed the institutional, compliance and enforcement improvements made by Viet Nam since 1994.
6. In August 2001, the Secretariat received a draft containing the "Government Decree on the Implementation of CITES". On 25 September 2001, the Secretariat provided detailed comments and reiterated its readiness to provide further assistance, at any time within the period before the deadline decided by the Standing Committee.
7. On 24 October 2001, Viet Nam requested an additional extension of three months beyond 31 December 2001 to enact its CITES legislation. The Secretariat responded that the decision of the Standing Committee made no provision for its effective date to be extended beyond 31 December 2001. The Secretariat also reminded Viet Nam that it was necessary to transmit by 31 December a copy of the enacted legislation in one of the languages of the Convention.
8. On 31 December 2001, the Management Authority of Viet Nam informed the Secretariat that draft legislation had been submitted to the Government, but some time was needed to distribute it to relevant Ministries for review and approval.
9. It appears, therefore, that Viet Nam was unable to adopt the necessary legislation before the deadline established.
10. Therefore the Secretariat hereby informs the Parties that, pursuant to Decision 11.16, the Conference of the Parties recommends that, from the date of this Notification, all Parties should refuse any import from and export or re-export to Viet Nam of specimens of CITES-listed species, until further notice.
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