DECREE NO. 3,607, OF September 21, 2000.

Disposes on the implementation of the Convention on Trade International of the Flora and Wildlife Species in Perigo of Extinction-CITES, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, incisus IV, of the Constitution, and with a view to the provisions of the Convention on International Trade in the Species of the Flora and Wildlife in Danger of Extinction, firmed up in Washington, on March 3, 1973, approved by Legislative Decree No. 54, of June 24, 1975, and promulgated by Decree No. 76,623 of November 17, 1975, having been approved its amendment by Legislative Decree No. 35 of December 5, 1985 and promulgated by Decree No. 92,446 of March 7, 1986, and

XX_ENCODE_CASE_One CONSIDERING the need to be adopted measures to ensure compliance with the provisions contained in the Convention, with a view to protecting certain species against excessive trade, to ensure their survival;

XX_ENCODE_CASE_One CONSIDERANDO, still, the need to be designated Administrative and Scientific Authorities in the signatory countries of the Convention, and

CONSIDERING, finally, that among the competencies assigned to the Brazilian Institute of the Environment and Resources Natural Renewables-IBAMA, provided for in Law No. 7,735 of February 22, 1989, is found to perform and enforce the laws of conservation, preservation and rational use of flora and fauna;

DECRETA:

CHAPTER I

DAS GENERAL PROVISIONS

Art. 1º. The international trade in species and specimens included in Annexes I, II and III of the Convention on International Trade in Species of the Flora and Wildlife in Danger of Extinction-CITES is subject to the provisions of this Decree.

Art. 2º. For the purposes of this Decree, it is understood by:

I-?Convention ", the Convention on the International Trade of the Species of the Flora and Wildlife in Danger of Extinction-CITES;

II-? species?, all species, subspecies or a geographically isolated population;

III-? specimen?, any animal or plant, live or dead;

IV-? trade?, export, re-export, import and introduction proceeded from the sea;

V-? re-export?, the export of every specimen that has been previously imported;

VI-? introduction proceeded from the sea?, the transport to the interior of a country, of specimens of species caught in the marine environment, outside the jurisdiction of any country;

VII-?License or CITES Certificate? the document issued by the Administrative Authority that possesses the characteristics described in Chapter III of this Decree;

VIII-?Pre-Convention Certificate?, the document that complies with the requirements of Chapter III of this Decree and in which it consents the relevant information to the place of the birth of the specimen, captivity or habitat natural at date prior to the Convention, or that the inclusion of the species in the respective Annex has been made later; and

IX-? purposes preferentially commercial?, refers to the activities whose commercial aspects are prevalent.

SECTION I

Da Administrative Authority

Art. 3º. It is designated as the Administrative Authority, as it determines the letter?a? of Article IX of the Convention, the Brazilian Institute of Environment and Renewable Natural Resources-IBAMA;

Art. 4º. Caberá to the Administrative Authority, in addition to the assignments for the issuance of licences provided for in Chapter II:

I-keep the record of the trade of specimens of the species included in the Annexes I, II and III of CITES, which should contain, at a minimum:

a) names and addresses of exporters and importers;

b) number and nature of the issued Licenses and Certificates;

c) countries with which trade has been carried out;

d) quantity and types of specimens;

e) names of the species included in the Annexes I, II and III of CITES; and

f) size and sex of the specimens, when it is the case;

II-elaboration and remit periodic report to the CITES Secretary, pursuant to Article VIII of the Convention;

III-scrutinizing the conditions of transport, care and packaging of the living specimens, object of trade;

IV-coordinate the remaining authorities that with it act together in the assignment provided for in the previous incission;

V-impounding the specimens obtained in violation of Law No. 9,605, of February 12, 1998;

VI? to develop to the country of origin or determine the provisional or definitive fate of the living specimens seized under the previous incisit;

VII-organize and keep up to date the registration of the offenders;

VIII-propose amendments, additions and transfers to Annexes I, II and III of the CITES, as set out in the XV and XVI articles of the Convention;

IX-propose the capacity-building of the personnel necessary for the fulfillment of the Convention and of this Decree;

X-designate, in conjunction with the Registry of the Federal Revenue, Federal Police Department and the Ministry of Agriculture and Supply, the ports enabled for the entry and exit of specimens, subject to international trade; and

XI-establish the characteristics of the marks that are to be used in the specimens, products and byproducts, object of international trade;

Paragraph single. CITES Licences or Certificates with retroactive effect will only be able to be issued in cases where:

I-there is agreement between the authority of the exporting country and the authority of the importing country in following this procedure;

II-the irregularity is not ascribed to any of the parties involved in the transaction; and

III-the object species of the transaction are not included in Annex I to the Convention.

SECTION II

From the Scientific Authority

Art. 5º. Are they designated as Scientific Authorities, as per determines the letter?b? of article IX of the Convention, the IBAMA and its respective units specializing in natural resources.

Paragraph single. The IBAMA will be able to designate physical or legal persons, from recognized scientific capacity, to assist it in the performance of the function of Scientific Authorities.

Art. 6º. Caberá to the Scientific Authority, in addition to the assignments provided for in Chapter II:

I-report to the Administrative Authority the relevant variations of the species' population status , included in the Annexes II and III of CITES, with the aim of proposing the elaboration of manhandling plans;

II -cooperate in the realization of conservation and manhandling programs of the autochthonous species included in Annexes II and III of CITES, with significant international trade established by the IBAMA; and,

III-advise the Administrative Authority regarding the provisional or definitive fate of the specimens interdicted, seized, or confiscated.

CHAPTER II

OF THE PROCEDURES REQUIRED FOR INTERNATIONAL TRADE OF SPECIES

SECTION I

Das Integral Species of Annex I to CITES

Art. 7º. Species included in Annex I to CITES are considered to be threats of extinction and that are or may be affected by trade, so that their marketing can only be authorized by the Administrative Authority upon a Licence or Certificate grant.

§ 1º. For export of any specimen of a species included in Annex I to CITES, it will be necessary to be granted and prior submission of export licence, which will only be granted after the fulfilment of the following requirements:

I-issuance of opinion, by Scientific Authority, attesting that the export will not harm the survival of the species; and

II-verification, by the Administrative Authority, if the transport will not cause damage to the specimen, whether it has been granted the import licence and whether it is legal its acquisition.

§ 2º. For import of any specimen of a species included in Schedule I of CITES, it will be required the granting and prior submission of export License or reexport Certificate, and import License, which will be granted only once, after the fulfilment of the following requirements:

I-issue of opinion, by the Scientific Authority, attesting that the export will not harm the survival of the species;

II-verification, by the Administrative Authority, if the transport will not cause damage to the specimen, whether it has been granted the Import License and whether it is legal its acquisition.

§ 2º. For import of any specimen of a species included in Annex I to CITES, the granting and prior submission of export licence or re-export Certificate, and import licence, which will be granted only once, will be required. after the fulfilment of the following requirements:

I-issue of opinion, by the Authority Scientific, attesting that the export will not harm the survival of the species and that the recipient has appropriate facilities to house it, in the case of living specimen; and

II-verification, by the Administrative Authority, that the specimen will not be used, preferentially, for purposes commercials.

§ 3º. For re-export of any specimen of species included in Annex I of the CITES, the granting and prior presentation of re-export Certificate will be required, which will be granted only once, after verification, by the Administrative Authority, if the transport will not cause damage to the specimen, if the import was carried out in accordance with the standards laid down in the Convention and whether it has been granted import licence for any living specimen.

§ 4º. For the introduction of the sea from any specimen of a species included in Schedule I of CITES, the prior granting of Certificate, expedites by the Administrative Authority of the country of introduction, which will be granted only once, after the fulfillment of the following requirements:

I-issue of opinion, by the Scientific Authority, attesting that the export will not harm the survival of the species; and

II-verification, by the Administrative Authority, that the specimen will not be used, preferentially, for purposes commercials and that the recipient of appropriate facilities to house it.

SECTION II

From the Integral Species of Annex II of CITES.

Art. 8º. Species included in Annex II of CITES are those that, although they currently do not meet necessarily in danger of extinction, will be able to arrive at this situation unless the trade in specimens of such species is subject to strict regulation, and may be authorized for their marketing, by the Administrative Authority, by the granting of Licence or issuance of Certificate.

§ 1º. For export of any specimen of a species included in Annex II of CITES, the granting and prior submission of export licence will be required, which will be granted only once, after the fulfilment of the following requirements;

I-issue of opinion, by the Scientific Authority, attesting that the export will not harm the survival of the species; and

II-verification, by the Administrative Authority, if the transport will not cause damage to the specimen and whether it is legal its acquisition.

§ 2º. The Licences issued, according to the provisions of the preceding paragraph shall be accompanied and monitored by the Scientific Authority, which shall communicate to the Administrative Authority the need for the adoption of measures, aiming to limit the granting of export licence.

§ 3º. For the re-export of any specimen of a species included in Annex II of CITES, it will be necessary for the granting and prior submission of export licence or re-export Certification, which will be granted only once, after verification, by the Administrative Authority, if the import was carried out in accordance with the standards provided for in the Convention and whether the form of transport will not cause damage to the specimen.

§ 4º. Para. the introduction proceeded from the sea of any specimen of a species included to Annex II to CITES, it will be necessary for the granting of Certificate, preceded by the fulfilment of the following requirements and procedures;

I-issue of opinion, by the Scientific Authority, attesting that the introduction will not harm the survival of the species;

II-verification, by the Administrative Authority, which will not be caused damage to the specimen; and

III-the Certificate can be provided only once or for periods that do not exceed one year, observed the limit predetermined by the Scientific Authorities.

Art. 9º. The authorisation for the import of species specimens included in Annex II of the CITES, will be conditional on the presentation, by the person concerned, of the Licence of export or CITES Certificate of re-export.

§ 1º. The Administrative Authority may set import quotas for species specimens included in Annex II of CITES.

§ 2º. In the event that the quotas set out in the preceding paragraph are established, the import CITES Licenses may only be granted for a period of not more than six months, by staying the importer exempt from presenting, beforehand, the export License cited in the caput of this article.

SECTION III

Das Integral Species of Annex III of CITES.

Art. 10. The species included in Schedule III of CITES through the declaration of any country are those whose exploitation needs to be restricted or prevented and that requires cooperation in their control, and their marketing may be authorized by granting of License or Certificate, by the Administrative Authority.

§ 1º. For export of any specimen of species included in Schedule III of CITES, the granting and prior submission of export licence or Certificate of origin will be required, which shall be granted only once, after verified, by the Administrative Authority, the legality of its acquisition and whether the transport will not cause damage to the specimen.

§ 2º. For import of any specimen of species included in Schedule III of CITES, the submission or Certificate of origin shall be required and, where it is originating in a country that has included it in the cited Annex III, of export licence.

§ 3º. For re-export, the presentation of Certificate, granted by the Authority, will be required Administrative of the country of re-export, ensuring that all the provisions of the Convention have been fulfilled.

CHAPTER III

DA FORM AND VALIDITY OF THE CITES LICENCES AND CERTIFICATES

Art. 11. Every CITES License or Certificate should contain, at a minimum, the following information:

I- title of the Convention;

II-name and domicile of the Administrative Authority that issued it;

III-control number;

IV-names, surnames, and domiciles of the importer and exporter;

V-type of the commercial operation (export, re-export, import or introduction proceeded from the sea);

VI-scientific name of the species or of the species;

VII-description of the specimen or of the specimens in one of the three official languages of the Convention;

VIII-identification number of the markings of the specimens, if they have them;

IX-Annex to the CITES in which the species is included;

X-purpose of the transaction;

XI-date on which the License or Certificate was issued and date on which it expires;

XII-name and signature of the issuer;

XIII-seal of security of the Administrative Authority; and

XIV-origin of the specimens that the License or Certificate amfor.

Art. 12. The Re-export CITES Certificates should contain, in addition to the information required in the previous article, the following data:

I-the country of origin;

II-the control number of the License or Ceritfied CITES issued by the country of origin and the date on which this was issued; and

III-the country of the last re-export if it has already been re-exported, and in this case, the Certificate number and the date in that was expedit.

Art. 13. CITES Licences and Certificates are intransferable and will be able to have the period of their validity established up to a maximum of six months, being provided to the Administrative Authority to determine a lower term.

Art. 14. The Administrative Authority will cancel or refuse the CITES Licenses and Certificates issued on grounds of false information or that they are at odds with the one set out in this Chapter.

Paragraph single. The Administrative Authority of the importing country will cancel and retain the export licence or re-export Certificate, presented to amstop the import.

Art. 15. Every physical or legal person who is dedicated to marketing, to any title, to the transportation or purchase and sale of imported specimens, of species included in the Convention and its products and byproducts, should possess CITES Certificate original.

§ 1º. The copies of the Certificate of which treats the caput will only be able to be accepted when they are registered before the Administrative Authority and in the cases of partial tranferences derived from the original CITES Certificate.

§ 2º. On the shipment of each specimen, the respective License or Certificate will be required.

CHAPTER IV

DAS EXEMPTIONS

Art. 16. The provisions set out in Chapter II of this Decree will not be applied in the following cases:

I-transit or transshipment of specimens in the territory of country that is a signatory to the Convention, while the specimens remain under the customs control;

II-when the export or re-export country Administrative Authority verifies that a specimen was acquired before the Convention came into force;

III-specimens that are objects personal or domestic use, except in the cases provided for in § 3º of the art. 7º of the Convention;

IV-loan, donation or non-commercial end exchange between scientists or registered scientific institutions attached to the Administrative Authorities of the respective countries; and

V-specimens that are part of zoo, circus, zoological collection or walking botanicals, provided that the following requirements are obeyed:

a) the exporter or importer records all the details about the specimens with the Administrative Authority;

b) specimens are included in the incisos II and IV of this article; and

c) the Aministrative Authority check that the transport will not cause the specimen.

Art. 17. In the cases of specimens of species of animals created in captivity or specimens of artificially reproduced vegetable species, whether part or derivative, it will be accepted Certificate of the Administrative Authority of the exporting country in this sense, in replacement to the Licences and Certificates provided for in Chapter II.

CHAPTER V

OF THE TRADE WITH COUNTRIES THAT ARE NOT MEMBERS OF THE CONVENTION

Art. 18. The marketing of specimens of species included in Annexes II and III of CITES, coming from countries that are non-signatories to the Convention, can only be accepted by the Aministrative Authority when the governmental authority is specified and the scientific intitution competent to issue the release and attest that the trade is not being carried out to the detriment of the populations of the respective species.

Art. 19. The import solicitations of species included in Annex I, coming from countries that are not signatories to the Convention, may only be authorised when they are accompanied by documentation that corresponds to that described in the previous article and after prior consultation to the CITES Secretary, in order to be attested to the situation of the species in the exporting country.

CHAPTER VI

DAS FINAL PROVISIONS

Art. 20. Live copies pertecentent to the exotic silvestre fauna, who have entered the Country or who have been attempted their admission without a License or CITES Certificate, should be returned to the exporting country.

Paragraph single. Should the intended return in the caput be allowed to harm the living copies, other measures may be taken which aim to ensure their survival.

Art. 21. The return to the exporting country of the products and by-products from the exotic silvestre fauna, who have entered or have been attempted their ticket without the CITES License or Certificate, will give themselves at the expense of the offender.

Art. 22. Specimens of the species included in Annex II to CITES are considered, specimens of an animal species included in its Annex I, reproduced in captivity for commercial purposes, and of plant species included in the cited Annex I, reproduced artificially for commercial purposes.

Art. 23. The validity of the CITES Certificates of introduction proceeded from the sea, specimens of the species included in Annexes I and II to CITES, shall be determined by the Administrative Authority.

Art. 24. The resolutions, amendments and amendments of Annexes I, II and III of the CITES, adopted at the Conference of the Parties ' Meetings, shall enter into force after the publication of a normative act, of competence of the Minister of State for the Environment.

Art. 25. The Ministry of the Environment and the IBAMA will edit complimentary norms to this Decree.

Art. 26. National authorities, competent to combat trafficking, scrutinize import, export and health surveillance standards should edit internal standards aiming at compliance with the provisions contained in this Decree.

Art. 27. The Brazilian State may, upon the indication of the IBAMA, formulate reservation concerning the transfer of a species from Annex II to Annex I to CITES, please form Article XXIII of the Convention, and may continue treating the species as if it were included in the cited Annex II for all its effects, inclusive of the issuance of documents and control of the trade.

Art. 28. The export of species included in Annexes II and III of CITES could be the subject of contingency to be established, jointly, by the Development, Industry and Foreign Trade Minster, through the Foreign Trade Registry, and pleo Ministry of the Environment, which will determine the annual and semiannual quantities, admissible for export of the species.

Art. 29. It is up to the Ministry of the Environment to set national guidelines aiming at the implementation of the commitments of the Convention made by the Country, the Foreign Ministry's advising on international negotiations and coordination and elaboration of national reports referring to policy advancements and legislation regarding the International Trade of the Flora and Wildlife Species in Danger of Extinction.

Art. 30. This Decree comes into effect on the date of its publication.

Brasilia, September 21, 2000; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

José Sarney Filho