50 C.F.R. § 23.37

Current through May 31, 2024
Section 23.37 - What are the requirements for a re-export certificate?
(a)Purposes . Articles III, IV, and V of the Treaty set out the conditions under which a Management Authority may issue a re-export certificate for an Appendix-I, -II, or -III specimen.
(b)U.S. application forms . Complete the appropriate form for the proposed activity and submit it to the U.S. Management Authority. Form 3-200-73 may also be submitted to Law Enforcement at certain ports or regional offices:

Type of application for a re-export certificateForm no.
(1) CITES: Biological Specimens Plants Single-use Permits under a Master File or an Annual Program File Trophies by Taxidermists Wildlife 3-200-29 3-200-32 3-200-74 3-200-28 3-200-73
(2) Endangered Species Act and CITES: ESA Plants ESA Wildlife 3-200-36 3-200-37
(3) Marine Mammal Protection Act and CITES: Biological Samples Live Captive-held Marine Mammals 3-200-29 3-200-53

(c)Criteria . The criteria in this paragraph (c) apply to the issuance and acceptance of U.S. and foreign re-export certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria:

Criteria for a re-export certificateAppendix of the specimenSection
IIIIII
(1) The wildlife or plant was legally acquired.YesYesYes23.60
(2) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP.YesYesYes23.23
(3) For a live specimen, an import permit has already been issued or the Management Authority of the importing country has confirmed that it will be issued. This criterion does not apply to a specimen with the source code "D."Yesn/an/a23.35
(4) Live wildlife or plants will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the specimen.YesYesYes23.23
(5) For re-export of a confiscated specimen, the proposed re-export would not be detrimental to the survival of the species.YesYesn/a23.61
(6) For wildlife with the source code "W" or "F," the re-export is for noncommercial purposes.Yesn/an/a-

50 C.F.R. § 23.37