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People's Republic Of China Regulations On Import And Export Of Endangered Species Of Wild Fauna And Flora

Original Language Title: 中华人民共和国濒危野生动植物进出口管理条例

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People's Republic of China promulgated by Decree No. 465 of the People's Republic of China import and export of endangered species of wild fauna and flora regulations Executive meeting of the State Council on April 12, 2006 the 131th through, promulgated and take effect on September 1, 2006.
Premier Wen Jiabao on April 29, 2006 People's Republic of China regulations on import and export of endangered species of wild fauna and flora first in order to strengthen the management of the import and export of endangered wild animals and plants and their products, protection and rational utilization of wildlife resources, the implementation of the Convention on international trade in endangered species of wild fauna and Flora (hereinafter referred to as the Convention), this Ordinance is enacted.
   Article the import or export of the Convention restrict the import and export of endangered wild animals and plants and their products should be subject to the regulations.
Export of national key protected wild plants and animals and their products, in accordance with the provisions of this Ordinance relating to the export of endangered wild animals and plants and their products for processing.
Third of forestry and Agriculture (fishery) departments (hereinafter the Wildlife Department), in accordance with the Division of responsibilities the competent national administration of import and export of endangered wild animals and plants and their products work, and do a good job with regard to the implementation of the Convention.
Other relevant departments under the State Council in accordance with the provisions of relevant laws and administrative regulations, responsible for related work in their respective areas of responsibility.
Fourth national endangered species import and export Management Agency on behalf of the Chinese Government's implementation of the Convention, in accordance with the provisions of this regulation on the export of wildlife authorities approved by the State Council of national key protected wild plants and animals and their products, approved the import or export of the Convention restrict the import and export of endangered wild animals and plants and their products, and issuance of import and export permit certificate.
Fifth national import and export of endangered species scientific authority under this Ordinance, the Organization of terrestrial wildlife, aquatic wildlife and wild plants and other experts in the field, engaging in scientific advice on import and export of endangered wild animals and plants and their products.
Sixth prohibits import or export Convention prohibits commercial trade for the purpose of import and export of endangered wild animals and plants and their products, for scientific research, domestication and breeding, artificial cultivation, cultural exchanges and other special circumstances, you need to import or export shall be subject to approval of the Wildlife Department under the State Council; in accordance with relevant regulations approved by the State Council, shall be submitted to the State Council for approval.
Ban on the export of undecided or new discoveries and important value of wild animals and plants and their products, as well as the State Council or the Wildlife Department banned the export of endangered wild animals and plants and their products.
Seventh articles the import or export of the Convention restrict the import and export of endangered wild animals and plants and their products, export the State Council or the wildlife authorities restrict the export of wild animals and plants and their products, shall be subject to approval of the Wildlife Department under the State Council.
Eighth article import of endangered species of wild fauna and flora and its products, you must meet the following conditions: (a) the use of endangered wild animals and plants and their products in accordance with relevant regulations of the State; (ii) with effective control measures and conform to ecological security requirements; (c) information provided by the applicant a real and effective and (iv) publicity the wildlife authorities under other conditions.
The Nineth export of endangered wild animals and plants and their products, must meet the following conditions: (a) meet the requirements of ecological security and the public interest, (ii) legal, (iii) the applicant provided by real and effective and (iv) does not belong to the State Council or the Wildlife Department banned the export of (v) Wildlife Department under the State Council announcement of other conditions.
Tenth Article imports or export endangered wild flora and fauna and products of, applicants should to its location of province, and autonomous regions, and municipalities Government wild flora and fauna competent sector proposed application, and submitted following material: (a) imports or export contract; (ii) endangered wild flora and fauna and products of name, and type, and number and uses; (three) living endangered wildlife shipment facilities of description information; (four) State wild flora and fauna competent sector publicity of other should submitted of material.
The provinces, autonomous regions, municipalities and Wildlife Department within 10 working days from the date of receipt of the application signing, and all application materials go wild flora and fauna by the State authorities. 11th Wildlife Department under the State Council shall, within 20 working days of receipt of the application, make a decision to approve or not to approve and notify the applicant in writing.
Cannot make a decision within 20 working days, approved by the head of the administrative organ, and can be extended by 10 working days, extending the duration and reasons for it shall notify the applicant.
12th the import and export of Wildlife Department of the State Council approval of the applicant files, should be within the validity period specified in the approval documents to the national endangered species import and export management authority for the issuance of import and export permit certificate.
When you apply for the issuance of import and export permit certificate shall submit the following materials: (a) import and export permit certificate application form, (ii) import and export approval document; (c) the import or export contracts. Imports Convention limit import and export of endangered wild flora and fauna and products of, applicants also should submitted export country (area) endangered species import and export management institutions issued of allows export proved material; export Convention ban to commercial trade for purpose import and export of endangered wild flora and fauna and products of, applicants also should submitted imports country (area) endangered species import and export management institutions issued of allows imports proved material; imports of endangered wild flora and fauna and products again export Shi,
Applicant should also be submitted to the customs import declaration forms and customs allows to import certificates. 13th National endangered species import and export management institutions shall, within 20 working days of receipt of the application, examination and decision. Application materials are complete and comply with the regulations and requirements of the Convention, should the issuance of import and export permit certificate; not be issued import and export permit certificate, it shall notify the applicant and the Wildlife Department and explain the reasons.
Cannot make a decision within 20 working days, approved by the head of the Agency, can be extended by 10 working days, extending the duration and reasons for it shall notify the applicant.
National endangered species import and export management agency review, the material does not meet the requirements of the application, notify the applicant shall, within 5 working days once all need correction. 14th national endangered species import and export Management Agency at the time of issuance of import and export permit certificate, you need to consult the views of the State import and export of endangered species scientific bodies, or need to verify with the relevant outside agencies allow import and export documents about the content, should be within 5 working days from the date of receipt of the application and related materials in national endangered species import and export scientific institutions advisory opinion or to relevant outside agencies to verify the contents.
   Advice, the time required to verify content not included in the issuance of import and export permit certificate within days.
15th state wildlife departments and provinces, autonomous regions, municipalities and wildlife authorities, as well as State endangered species import and export Management Agency, at the time of approval of import and export of endangered wild animals and plants and their products, apart from the payment of any fee prescribed by the State, shall not be charged other fees.
16th due to the import or export of endangered wild animals and plants and their products to wildlife resources, ecological safety has caused, or is likely to cause serious harm and impacts, wild animals and plants by the State Council Department in charge of temporary ban or measures to restrict the import and export of endangered wild animals and plants and their products, the State Council for approval before implementation.
17th do not belong to any waters under the national jurisdiction of endangered wild animals and plants and their products into Chinese territory, reference to the provisions of this Ordinance relating to the import management.
18th imports of endangered wild animals and plants and their products related to invasive species management, and export of endangered wild animals and plants and their products related to management of germplasm resources, shall comply with the relevant provisions of the State.
19th article import and export of endangered wild animals and plants and their products should be in the Wildlife Department in conjunction with the General Administration of customs, State administration of quality supervision, inspection and quarantine port of the specified and approved by the State Council.
20th article import and export of endangered wild animals and plants and their products should be in accordance with the provisions of the import and export permit certificate type, quantity, port, deadlines for export and import activities.
Article 21st of the import and export of endangered wild animals and plants and their products should be submitted to the customs import and export permit certificate, subject to customs control and customs clearance within 30th of the customs inspection copies of import and export permit certificate, national endangered species import and export management record.
Transits, the transportation and passes transports of endangered wild animals and plants and their products, before entry to and exit from customs control.
In and out of the bonded zones, export processing zones, such as specific customs supervision areas and bonded sites of endangered wild animals and plants and their products, shall be subject to customs supervision, in accordance with the General Administration of customs and State endangered species import and export Management Agency provisions of the import and export procedures.
Import and export of endangered wild animals and plants and their products, should be based on import and export permit certificate to the entry-exit inspection and quarantine inspection, and inspection and quarantine.
22nd National endangered species import and export management institutions should be allowed to issue certificate of import and export-related information and the import and export of endangered wild animals and plants and their products, CC, the Wildlife Department and other relevant authorities.
23rd article import and export approval document uniformly printed by the State Wildlife departments; import and export permit certificate and application form uniformly printed by the State's endangered species import and export management organization.
24th wildlife authorities, the national endangered species import and export management staff, taking advantage of his position to facilitate collection of other people's property, or seeking other interests, not in accordance with the provisions of the present Ordinance approved import and export, the issuance of import and export permit certificate, serious enough to constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.
25th National endangered species import and export scientific institution who, taking advantage of his position to facilitate collection of other people's property, or seeking other interests, issues a false opinion, serious enough to constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.
26th unlawful importation, exportation or trafficking in endangered species of wild fauna and flora and its products in other ways, by the customs in accordance with the relevant provisions of the customs law punishes; serious enough to constitute a crime, criminal responsibility shall be investigated according to law. The physical transfer of confiscated wildlife authorities dealt with according to law; confiscated material require quarantine in accordance with law, and only after they have passed quarantine, to deal with it.
Confiscation of the real need to return the original exporting country (region) shall be conducted by wildlife authorities handed over to the State's endangered species import and export management bodies in accordance with the provisions of the Convention dealing with.
27th forgery, sale or resale or transfer the approval document of the import and export or import and export permit certificate, by the Wildlife Department or industrial and commercial administrative departments in accordance with the Division of duties shall be punished; serious enough to constitute a crime, criminal responsibility shall be investigated according to law. 28th article of the regulations come into force on September 1, 2006.