LAW 20 July 2005 116
LAW July 20, 2005 116


REPUBLIC OF SAN MARINO COMMERCE SPECIMEN INTERNATIONAL FLORA AND FAUNA WILD

We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following legg approved by the Council || | Great and General during the meeting of 20 July 2005.
TITLE I PURPOSE aND SCOPE oF tHE LAW
Art. 1
This Act gives effect to the Convention on International Trade
Species of Wild Fauna and Flora threatened with extinction (CITES).
The recommendations contained in the resolutions and decisions of the Conference of the Parties
referred to in Article XI of the CITES it is an integral part thereof.
Art. 2
The provisions of this Act shall apply to international trade, the
domestic trade, possession, transport, import, export, re-export
, transit, transhipment and introduction from the sea of ​​| || specimen of any species of flora and fauna included in Appendices I, II, III of the CITES Convention
.
Art. 3
For the purposes of this Act, shall apply: "CITES":
the Convention on International Trade in species of wild fauna and flora threatened with extinction
(Convention on International Trade in Endangered
Species), signed in Washington, DC March 3, 1973 and enforced in San Marino
by Decree 107 of July 4, 2005; "Conference of Parties":
decision-making body of the Convention, made up of representatives of Member countries I referred to in Article XI
CITES; "CITES Secretariat": the Secretary of CITES referred to '
Article XII of CITES; "Administrative Authority management and coordination": the Secretariat of Page 1 of 13

13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
State for the Territory, l ' environment and Agriculture; "
Administration authority competent to issue of the certificate": the Office of Management and Environmental Resources
Agricole (UGRAA), and the Veterinary Service of the Environmental Hygiene Service (SIA);
"Scientific Authority": the Nature Centre of San Marino; "CITES Appendices":
the lists of animal and plant species threatened with extinction,
divided into three categories depending on the seriousness of the risk of their extinction;
these Appendices are provided in Annex 1 of this law; "Safeguard Center":
place or structure in which transfer one living specimen
subject to confiscation; "Internal trade" means any commercial activity carried out in the territory of San Marino
, concerning the specimens belonging to the species included in
Appendices I, II, III; "International trade" means import,
re-export and / or introduction from the sea; "Confiscation":
measure taken in response to a violation of this law, whose purpose is to deprive the recipient
permanently in the possession of the specimen object infringement
; "Control of introduction, export, re-export and transit"
verification of documents related to permits and certif ed expected of this Act,
which may also include an examination of the specimen, and the eventual withdrawal of | || samples for analysis or more detailed examination; "Export":
operation through which a specimen originating in a specific country
belonging to one of the species included in Appendices I, II, III of the CITES Convention
, is carried out of the national territory; "Import":
operation through which a specimen belonging to one of the species included in
Appendices I, II, III, is introduced on the territory n ational; "Introduction
coming in from the sea" the direct introduction on the national of any specimen taken
in the marine area which is not under the jurisdiction of a State
; "Sale" means any contract, whether for reward or free of charge, face
acquisition of the property or of species specimen
funds held in Appendices I, II, III of CITES. For the purposes of this Act the rental and
commute are assimilated to the sale; "Controlled Environment": environment
intensively manipulated by man to produce a kind sel lected involving
physical barriers that prevent the entry or exit of animals, eggs and gametes of such species in the
checked; "Personal belongings or household effects' means dead specimens
, parts of specimens and derivatives belonging to a person and that
not be available for sale or trade; "Country of origin" means the country in which one
specimen was captured or collected from its natural environment, raised in

Captivity or artificially propagated, or introdott or from the sea;
"Permission or certificate" official document issued by the administrative
to authorize the import, export, re-export or
introduction from the sea of ​​specimens listed in the Appendices of the Convention
; model in accordance with Annex 2; "Import Notification":
information relating to 'import of specimens listed in Appendix II of the Convention
, the second model in accordance with Annex 3; "Export share":
maximum number of specimens belonging to a species that can be exported
from the country within a year; "Re-export" means export of any specimen
previously imported; "Release": the execution of all necessary procedures
to the preparation, validation and delivery of a permit or a certificate
; "Primarily commercial purposes' means all purposes whose commercial purposes
are predominant; "Species" means any species, subspecies or one of
Page 2 of 13
13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
Their geographically isolated populations; "Specimen" means any animal or plant, whether alive or dead
, belonging to the species listed in Appendices I, II, III of CITES,
or any part or derivative obtained from the same, or not incorporated in other goods, as well
any other commodity in the event that results from a supporting document
carton, a label, a label or any other element, which is
parts or animal products or plants ppartenenti to those species; "Specimen captive bred
": animal, including eggs, born in a controlled environment;
"Specimen artificially propagated": live plants derived from seeds, divisions,
calluses or other tissues plant, spores or other propagules under controlled conditions;
"Transit" means the transport of specimens sent to a given destination, through
territory of another State; "Customs Offices Enabled":
offices authorized the procedure of customs clearance and control of products subject to the CITES regime and referred to
Decision # 2 of the 2000 San Marino Cooperation Committee - EC - the list complies
9. Annex
TITLE II AUTHORITIES
Art. 4
The Secretariat of State for the Territory, the Ambient ee Agriculture, through the Office
Managing Environmental Resources and Agriculture, regarding specimen plant
, and Veterinary Service, for animal specimen:
(a)
give full and complete effect to the principles laid down by CITES;
(B)
issues the permits and certificates in accordance with the provisions of CITES;
(C)
preserves the international trade records of specimen and prepares an annual report
of such trade, in accordance with Article VIII, paragraph 7
, CITES;
(D)
embarks on any action to implement CITES correctly;
(S)
fixed national quotas for export to non-commercial purposes of specimens of species included in Appendix I
, and / or in Appendices II and III, in consultation with the
'scientific Authority;
(F)
identifies one or more safeguard centers for live specimens seized or confiscated
;
(G)
promotes administrative and / or criminal penalties against offenders
this Act.
Page 3 of 13
13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
Art. 5
The Nature Centre of San Marino is designated Scientific Authority and carries out
functions conferred on it by CITES. The Nature Centre of San Marino, which
can rely on advice from external institutions recognized
in carrying out their duties, be responsible for:
(a)
formulate opinions on the issuance of export permits for species

listed in Appendices I or II, including whether such exports are harmful or not
for the survival of native species;
(B)
formulate opinions on the issue of permits for the import of species listed in Appendix I
indicating whether the import
objectives are harmful or not to the survival of these species ;
(C)
verify the ability of the recipient to conserve and care for the
live specimens of species included in Appendix I, imported and / or introduced into
coming from the sea, or recommend certain requirements of the Authority
management before they will release any permit or certificate;
(D)
monitored continuously and appropriate to the situation of indigenous species
listed in Appendix II and the export figures and, if necessary,
recommend corrective measures to be taken to limit the 'export;
(S)

Advise the Management Authority on the final destination of the specimens confiscated
;
(F)
advise the Management Authority on any matter that the Scientific Authority
considers relevant to the sphere of protection of species of wild fauna and flora
;
(G)
carry out all the tasks set in the resolutions of the Conference of the Parties to CITES
.
TITLE III DOCUMENTS REQUIRED FOR INTERNATIONAL TRADE

Art. 6
The export of any specimen belonging to a species included in the Appendices Page 4 of 13

13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
I, II, III shall be subject to the release and presentation of an export
allowed.
Art. 7
The import of any specimen of a species included in Appendix I and II
is subject to concession and submission of an import permit.
The import of any specimen of a species included in Appendix III shall be subject to
d 'import notification to be presented together
arrival of the goods.
Art. 8
The re-export of any specimen of a species recorded in
Appendices I, II, III, is subject to the release and the presentation of a certificate of re-export
.
Art. 9
L 'introduction from the sea of ​​any specimen belonging to a
species included in Appendices I, II, III, for the issue and presentation of a preventive
introductory certificate coming from the sea .
Art. 10
The transit of specimens of species included in Apendici I and II shall be subject to
presentation of a valid export permit or re-export certificate
with the names of the ultimate destination.
Art. 11
L 'competent administrative authority to issue the certificate shall issue
permits or certificates for the import, export, re-export or
the introduction from the sea of ​​specimens of species included in || | Appendices I, II and III, when:
(a)
regarding the export permit for any specimen of a
species included in Appendices I or II, the scientific Authority pussy verified that || | export is not detrimental to the survival of the species, unless
export is within the limits of an annual export quota approved
by the managing Authority;
(B)
relating to the import permit for any specimen of a species included in Appendix I
, the Scientific Authority has verified that the objectives of import
are not harmful to survival of that species;
Page 5 of 13
13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
(c)
​​ demonstrate that the specimen covered by the request not to have been obtained || | contravention of the laws on the preservation of the existing flora and a f
in the country of origin;
(D)
proves that every specimen that will be re-exported have been previously
imported in accordance with the provisions of this Act and CITES;
(S)
verify that any live specimen will be prepared to be exported or re-exported
accordance with the CITES guidelines for the transport of live specimens
and prepared so as to reduce risk of injury, illness or
mistreatment;
(F)
for the export of specimens of species included in Appendix I, the Competent Authority
the country of destination has issued an import permit
before issuing the permit d 'export;
(G)
in reference to the import permit or certificate of introduction
from the sea of ​​any specimen of a species included in Appendix I, only if the department of
management has shown that the specimen will not be used to
mainly economic purposes;
(H) relatively
import of any specimen belonging to one of
species included in Appendices II or III, has shown that a permit
export, re-export certificate, or certificate of origin is
was released in advance of the organ of the exporting country is run
accordance with the provisions of CITES.
The Management Authority may, in the presence of valid reasons, refuse to issue a permit or certificate or
release only acerte conditions. The Authority
management can, for reasons of expediency, revoke or amend a permit or an already released
Certificate in particular if it has been issued based on false statements

or misleading by of the applicant and in the presence of other justified reasons.
The Management Authority may request additional information when they
necessary to the sale of or not to issue a permit or certificate. THE

Export permits and re-export certificates are valid for a
period of six months from their date of issue.
Upon expiry of the validity period, the export permit or re-export certificate
and the corresponding export permit is considered invalid
and devoid of any legal value.
Page 6 of 13
13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
Permits and certificates may not be transferred to a person other than the one mentioned on the
document.
The delivery of each specimen is subject to the issuance of a permit or
separate certificate even if this is part of the same load.
To be valid, all permits and certificates must be in the form
established by the Managing Authority and comply with the provisions of CITES and
resolutions of the Conference of the Parties.
The specimen of an animal species included in Appendix I bred in captivity for commercial purposes
are considered as specimens of species included in Appendix II
and are subject to the resolutions of the Conference of the Parties.
The specimen of a plant species included in Appendix I
artificially reproduced for commercial purposes are considered to be specimens of species included in Appendix II
and are subject to the resolutions of the Conference of the Parties.
The specimens of species included in Appendices I or II that have been bred in captivity
can not be traded, if not from
operation registered by managing farming.
The specimen must be individually and permanently marked, to make it as difficult
any modification by unauthorized persons.
The export permits are only valid, re-export certificates, and
certificates of origin issued by the exporting country. These documents will be needed
to authorize the import of specimens of species included in Appendices I, II and III
.
Each permit or certificate issued in violation of the law of a foreign country or
of the Convention or contrary to the resolutions of the Conference of the Parties is deemed invalid
. If one of the conditions attached to a permit or certificate
was not observed, it will be deemed invalid.
The receipt of the specimen as the final act of a previous request
import authorization, shall be promptly notified to
'Administrative Authority using the re module requested
reported in Appendix 4. | || the Administrative Authority will have to check the regularity of the 'import,
compiling the minutes of the reported investigation as' Annex 5; if
l 'import concerns live animals must also fill out the card
monitoring of mortality during transport, Annex 6.
TITLE IV EXEMPTIONS AND OTHER SPECIAL PROVISIONS
Art. 12
Specimen pre-Convention. If the Administrative Management Authority occurs, Page 7 of 13

13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
through appropriate documentation, that the purchase of one
specimen was effected prior to the date of accession to CITES,
the obligations set out in articles III, IV and V of the Convention shall not apply if the purchase date
specimen of the species concerned do not was included in any of
CITES appendices and / or the specimen came from a Paes not yet part of
CITES.
In this case, the Management Authority can issue an export certificate
certifying the status of the pre-CITES specimens in question.
Art. 13
Personal items or household. In the event that specimens of species listed
in Appendices I, II, III of CITES constitute personal effects or household use
the provisions of Title III shall apply in accordance with provisions
follow.
1. Import:
(a)
The imports for personal use of objects belonging to the species included in Appendix I of CITES
, are permitted upon presentation of
prescribed CITES documentation, issued by the State of origin or
origin;
(B)
For the import of specimens of Appendix II, is not required prior
import permit, it is sufficient to permit - certificate (re)
CITES export issued by the State of origin or provenance.
2. Export:
(a) For the specimen of Appendix I and II is not provided for any exception, are subject to the general provisions
. For specimens of Appendix III it is not expected any
document. 3
. Re:
(a) To re-export of specimens of Appendix I and II simply copy of

Previously used import license for the 'import,
duly endorsed by the Managing Authority or to a joint statement issued by the same
Authority.
Art. 14
Specimen bred in captivity or reproduced artificially. Specimens of species included in Appendix I
, who were born and bred in captivity or artificially propagated
, are treated as determined by the provisions applicable to
specimens of species included in Appendix II.
Page 8 of 13
13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html EGISTRATION

TITLE VR Art. 15
They are subject to registration with the Managing Authority:
(1)
anyone trades specimen of any species included in the Appendices of CITES
;
(2)
anyone producing animals bred in captivity or artificially propagated plants
of any species included in the Appendices.
The registration must take place according to the forms enclosed nell'Alegato
7. The parties referred to in the previous paragraph are obliged to keep records on reserves and
of all transactions. These registers are set by the Authority administrative management
and delivered to applicants when they
recording and are in accordance with the model in Annex 8.
These records, together with the places where are held
production and commercial activities, can be inspected at any time by the officials of the competent offices
application of this Law. TITLE VI UPDATES

Art. 16
With special reggenziali decrees may be willing updates of
Annexes to this law, and the amount of administrative fines

TITLE VII SUPERVISION, INSPECTION AND PENALTIES
Art. 17
It 'punished by imprisonment of third degree or a fine ranging from € 4,000.00 to € 40,000.00
anyone violating the provisions of this Act in relation to specimens included in Appendix
the CITES: a) introduces coming from the sea, matter,
exports, re-exports specimens without the required permit or certificate, or with permission
or counterfeit certificate or altered or invalid; b) holds, uses for profit,
buys, sells, exhibits or possesses for commercial purposes, offers for sale, sells, transports for sale
specimen obtained in violation of this Act; c)
​​ uses specimens for purposes other than those appearing on the authorization granted
upon issuance of the import permit or subsequently.
In case of recurrence of the violations referred to in the previous paragraph applies to the second degree
imprisonment and a fine ranging from € 5,000.00 to € 50,000.00. In case of relapse
if the offense is committed in the exercise of business activities, also applies

Page 9 of 13 13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
l 'interdiction of the second degree.
The import or export of items for personal or household use
carried out without the appropriate documentation is punished with a pecuniary administrative sanction
from € 750.00 to € 4,500.00.
Illegally introduced are confiscated by the Authority Administrative Management
.
Unless the act constitutes a crime, anyone who obstructs or impedes the action
of the management body, alter or cancel the mark, referred to in Article 11, paragraph 12, of the organ used
management to identify the specimen
individually or use a permit or certificate for any specimen other than that for which it was issued
, is punished with a fine of between €
2,500.00 to € 7,500, 00.
Art. 18
It 'punished by imprisonment for second degree or a fine ranging from € 3,000.00 to € 30,000.00
anyone violating the provisions of this Act in relation to specimen
enrolled in Appendices II and III to CITES: a) in duces coming from the sea
imports, exports, re-exports specimens without the required permit or certificate, or
permit or certificate counterfeit or altered or invalid; b) it holds, uses for profit
, buys, sells, exhibits or possesses for commercial purposes, offers for sale, sells, transports for sale
specimen obtained in violation of this Act; c)
​​ uses specimens for purposes other than those appearing on the authorization granted
upon issuance of the import permit or subsequently.
In case of recurrence of the violations referred to in the previous paragraph applies imprisonment
second degree or a fine ranging from € 4,000.00 to € 40,000, 0. In case of relapse if the crime is
committed in the exercise of business activities, also applies
disqualification of first Instance.

The import or export of items for personal or household use
carried out without the appropriate documentation is punished with a pecuniary administrative sanction
from € 500,00 to € 3,000.00.
Illegally introduced are confiscated by the Authority Administrative Management
.
Unless the act constitutes a crime, anyone who obstructs or impedes the action
of the management body, alter or cancel the mark, referred to in Article 11, paragraph 12, of the organ used
management to identify the specimen
individually or use a permit or certificate for any specimen other than that for which it was issued
, is punished with a fine of between €
1,250.00 to € 3,750, 00.
Art. 19

Page 10 of 13 13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
All 'Administrative Authority, in the persons of officials of'
Environmental Resources Management Office and Agriculture, regarding the plant specimen, and
officials of the Veterinary Service of the Environmental Health Service, as regards
vegetable specimen, will supervise the proper implementation of this Act
.
In the performance of that control and supervisory activities the Authority Administrative
can: 1) to promote investigations and carry out investigations; 2)
take precautionary measures or evidential purposes, including the seizure of the specimens,
tools and objects that constitute proof of an infringement; 3)
access places or in vehicles for which you have proof containing a specimen in

violation of the provisions of this Act; 4) examine the loading / unloading registers; 5)
apply the fines, if not the responsibility of the Commissioner of the

Law, and promote the criminal proceedings.
The operation of seizure referred to in number 2) of the coma that precedes must be completed
motivated and detailed report, to be drawn up in two copies, one of which is retained by the Authority
Administrative el 'other it is issued to the holder
.
The recipient of sequestration, within twenty days of receipt of the relevant minutes
, it may make a request for written deductions, and any instances of
release from seizure Administrative Authority. After the lapse of twenty days, and
made necessary inquiries, the Administrative Authority orders the release from seizure
of the specimens having been found in compliance with the requirements dictated by this
law.
Where the facts could constitute the offenses referred to in Articles 17 and 18,
the Administrative Authority declares knowledge to 'legal authorities, which in this case
adopt the consequent measures.
Art. 20
The burden of proof of legal possession of any specimen of a species included in the Appendices
I, II, III, CITES is up to the proprie tary.
Art. 21
II specimen holder is held responsible for violations of the provisions of this Act
. However, public testimonies transporters are not considered, they
themselves and their servants or agents, as offenders when, for exact and regular
designation of their clients, they allow the organ of management
usefully exercise of legal action against the real offenders.

Page 11 of 13 13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
Art. 22
The costs relating to the seizure, including costs dicustodia, the cost of transport and maintenance
or the final settlement of the live animals and plants during
seizure period are charged to the offender.
Art. 23
In case of violation of the provisions of this law is always willing
confiscation of the specimen; maintenance costs sno dependent on the party
recipient of confiscation.
The seizure was made in favor of the state; the Administrative Authority, in consultation with the Scientific Authority
and
accordance with the resolutions of the Conference of the Parties, will decide the final settlement of confiscated specimens.
Art. 24
The legal person license holder assumes the role of civil
responsible for the fulfillment of financial penalties and the fulfillment of the obligations resulting
conviction borne of its legal representatives,
directors or officers for acts committed in the exercise of business activities.
The liability shall be joint and without the benefit of prior enforcement.
Art. 25
This Law shall enter into force on the fifteenth day following that of its legal

publication.
Our Residence, this day of July 25 2005/1704 Foundation of the Republic THE CAPTAINS REGENT

Fausta Simona Morganti - Cesare Antonio Gasperoni

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Rosa crocuses

Attachments


ANNEX ANNEX No. 1 No. 2 Page 12 of 13

13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html
ANNEX No. 3 - No. 4 ANNEX


ANNEX ANNEX # 5 # 6 # 7 ANNEX


ANNEX ANNEX # 8 # 9


Page 13 of 13 13/11 / 2009file: // c: \ cgg2 \ files \ leggi_6817.html