TNAG-2133-FCO40-3048-Hong-Kong-and-the-ivory-trade-1990 — Page 153

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7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes mark means any indeliblo imprint, lend seal or other suitable menus of identifying a specimen, designed in such a way as to render its Imitation by unauthorized persons na dillenlt us possiblo.

Articui VII

Exemptions and Other Special Provisions Ielating to Trade

1. The provisions of Articles III, IV and V shall not apply to the transit or trans-shipment of specimens through or in the territory of a Putty while the specimens remain in Customs control.

2. Where a Manngement Authority of the State of export or re-export la satisfled that a specimen was required before the provisions of the present A Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificato to that ellect.

3. The provisions of Articles III, IV and V shall not apply to speelmen that are personal or household effects. This exemption shall not apply where:

) (a) in the case of specimens of a species included in Appendix I, they wera nequited by the owner outside his State of usuni residence, and nto being imported Injo that Stato; or

(b) In the caso of specimens of species included in Appendix 11:

(i) they were acquired by the owner outside his State of usual

residence and in a State where removal from the wild occurred; (1) they urɑ being imported into the owner's Stato of usual residencoj

and

(i) the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens; unless a Management Authority in satisfied that the specimens were nequired. before the provisions of the present Convention applied to much speelmmons.

4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shinil be deemed to be specimens of species included in Appendix II.

5.

Where a Management Authority of the State of export in antisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an unimal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be necepted in lieu of any of the permilts or certiflentes required under the provisions of Aitleles 101, TV or V.

6. The provisions of Articles III, IV and V shall not apply to the non- commercial loun, donation or exchange between scientists or #cientific stitutions registered by a Management Authority of their State, of herbarium

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specimens, other preserved, dried or embedded museum specimens, and live plant material which carry a label issued or approved by a Management Authority.

7. A Management Authority of any Stuto may walve the requirementa of Artletes 111, TV and V und allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menngerie, plant exhibition or other travelling exhibition provided that:

(a) the exporter or Importer registers full defulla of such specimens with

Hunt Manngement Authority;

(b) the specimens are in either of the entegories specified in paragraphs 2

or 3 of this Article; and

(c) the Management Authority la satisfied that any lying specimen will be #o traumported and enred for as to minimize the tink of lujury, duinago to health or cruel treatment.

Article VIII

Mensures to be Tuken by the Parties

1. The Parties shall take appropriate measures to enforce the provisions

of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures:

(a) to penalize trade in, or ponewilon of, much apneliens, or both; and (b) to provida for the confiscation or return to the State of export of such

specimens.

2. In addition to the menuer taken under paragraph 1 of this Arilele, n Parly may, when it deems it arceuntry, provide for any method of Internal tolubuinemrat for exprimer Incurred na result of the confbu ation of n specimen traded in violation of the measures taken in the application of the provisions of the present Convention.

3. An für na povible, the Partleg alul ensure that aprelmens slull pass through any formalities required for trade with a minimum of delny. To facilitate such pusanpo, a Party muy designate ports of oxit and ports of entry at which specimens must be presented for clearance. The Parties alinll ensure further that all living specimens, during any period of transit, holding or shipment, nia properly cared for so na to minimize the risk of injury, damngs to health or cruel treatment.

4. Where a living speclinen 14 confisented as a result of mensures referred to in paragraph 1 of this Article:

(a) the specimen shall be entrusted to a Management Authority of the

State of confiscation;

(b) the Management Authority shall, after contultation with the Stato of export, return the sperimen to thint State of the expense of that State, or to n rescue centre or such other plice ng the Management Authority deems appropriate and consistent with the purposes of the present Conventlon; and

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