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CITES DAN MEKANISME KAWALAN

Untuk Pegawai Kastam Diraja Malaysia

OLEH KARTINI BINTI KARIM

KEMENTERIAN SUMBER ASLI DAN ALAM SEKITAR

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APA ITU CITES?

CITES – Convention on International Trade in Endangered Species

of Wild Fauna and Flora

CITES ditandatangani di Washington pada 3 Mac 1975

Malaysia mendeposit surat cara pada 20 Oktober 1977.

Konvensyen mula berkuat kuasa ke atas Malaysia mulai 18 Januari 1978.

Malaysia menggubal mekanisme kawalan berbentuk perundangan melalui

Akta 686 yang berkuat kuasa mulai 28 Disember 2009.

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APA ITU AKTA 686?

Akta Perdagangan Antarabangsa Mengenai Spesies Terancam 2008 [Akta

686] dan turut dikenali sebagai INTESA

Keterangan lanjut akan diberikan oleh Pegawai Undang-Undang NRE

dalam segmen seterusnya

Di bawah Seksyen 3 Akta 686,

―enforcement officer” means—

(a) an enforcement officer specified in the first column of the Second Schedule;

(b) any police officer not below the rank of Inspector, including an inspector on probation; or

(c) any officer of customs as defined in section 2 of the customs Act 1967;

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CITES DAN KEPENTINGANNYA

CITES is acknowledged as one of

the most successful international

environmental treaties in the

world.

CITES is not just a conservation

treaty, it is also a trade instrument

that attempts to strike a balance

between these often competing

values.

Trade

Conservation

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CITES DAN TUJUANNYA

The purpose is to protect wild

fauna and flora for current and

future generations.

Wild fauna and flora are described

as an irreplaceable part of the

natural systems of the earth and

as being valuable from aesthetic,

scientific, cultural, recreational

and economic points of view.

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BAGAIMANA CITES

LAKUKANNYA?

CITES establishes

international

co-operationfor the protection of

certain species from

over-exploitation

through

international trade.

The purpose of adopting the convention was not only to avoid

aggravation of an ecological problem, but also to prevent a penalisation

of countries with stricter ecological legislation.

175 contracting parties

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Apakah spesies kawalan

CITES?

+ 5,000 spesies fauna dan

28,000 spesies flora yang

dilindungi CITES daripada

over-exploitation through

international trade.

Dikelaskan dalam 3 Lampiran

atau 3 Appendices.

Ringkasnya, seperti ini:

SEMUA bahagian,

terbitan sama ada

hidup atau mati*

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Apakah mekanisme

kawalan CITES?

PERMIT IMPORT

PERMIT EKSPORT

SIJIL RE-EKSPORT

dll

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2

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Stamp CITES and

authorised signatories

Export Permit Ticked

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Sample of a

fake permit

Stamp CITES and

authorised signatories

Export Permit Ticked

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Antara Peranan

Kastam

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• Block 14 is completed

by the last officer in

charge at the exit

point.

• Enter the quantities of

specimens actually

exported or re-

exported.

• Strike out the unused

blocks.

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Another sample of CITES Permits/ Certificates15

Peranan Kastam dalam konteks

CITES

The role of Customs officers, or border control officers, in the

CITES process is to conduct documentary and physical inspections,

to check the validity of the documents submitted, and to ensure that

they correspond to the actual goods.

Customs officers also combat fraud and check compliance with

prohibition and restriction measures, collect duties and taxes.

Customs officers also help inform the public about conservation

measures in place for fauna and flora.

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Info

rmatio

n o

n a

typ

ical

CIT

ES

Perm

it/ C

ertificate

Name and logo of the Convention

Unique number

Document type

Period of validity

Exporter’s address

Exporter’s signature

Exporter’s address

Management Authority’s address

Purpose of trade

Species name

Specimen type

Appendix listing

Source

Quantity/units

Quota and exports to date

Number of the breeding operation (as appropriate)

If a re-export, the original country of export and the export permit number

and date of issuance, and the same for the country of last re-export

Date of acquisition (for pre-Convention)

Place and date of issuance

Signature and stamp of the Management Authority

Security stamp and number (as appropriate)

Waybill number

Port of export

Date of export

Export endorsement (specimen count)

Export endorsement signature (usually Customs or last official at point of

exit)

Stamp of the inspection authority17

SOP untuk rujukan Kastam secara kasar…

Step 1: General Verification

• Written in English, French or Spanish or,

translated into one of these languages?

• Original document or authorised copy?

• If modifications, are they authenticated?

Detain and contact

the appropriate

authority[Document is incomplete,

falsified or counterfeit]

NO

YE

S

Step 2: Verify Content of Permit

• Permit type indicated?

• Permit number indicated and

corresponding to the one at the bottom?

• Validity date specified and not expired?

Detain and contact

the appropriate

authority[Document is incomplete,

falsified or counterfeit]

NO

YE

S18

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• Importer information complete?

• Import country name indicated in full?

• Exporter information complete?

• If special conditions indicated, are they

respected?

• CITES transaction code indicated?

• CITES security stamp number indicated

(if affixed)?

• Management authority information

complete?

Detain and contact

the appropriate

authority[Document is incomplete,

falsified or counterfeit]

NO

• Complete and detailed specimen

information?

• Physical inspection confirms that the

shipment corresponds to permit

information?

Detain and contact

the appropriate

authority[Document is incomplete,

falsified or counterfeit]

NO

YE

SY

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• Management Authority information

complete, including signature and seal

(and security stamp, if used)?

• If security stamp is affixed, its number

corresponds with box 5a?

• For IMPORTS:

• Customs endorsement at the time of

export, eg. Date of inspection,

signature and Custom’s seal?

Detain and contact

the appropriate

authority[Document is incomplete,

falsified or counterfeit]

NO

YE

S

Step 3: Validate Permit

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Step 3: Validate Permit

• Date, stamp and sign permit.

• Cross-reference to accounting

documentation

• Retain and forward the original

permit to the Management

Authority

YE

S

• Complete the endorsement box

(quantity of specimens, unused

boxes crossed out, place, date,

signature and seal)

• Retain and forward a copy of the

permit the Management Authority

For EXPORTSFor IMPORTS

YE

S

Step 4: Release Shipment

STILL having problem(s), contact the appropriate Management Authority as

written on the permit/ certificate.21

TIPS AND

POINTERS?

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Special Conditions…

• In its Article VII, the Convention allows or requires Parties to make certain

exceptions to the general provisions of the Convention.

• This situation can result in exemptions to the normal procedures in which no

CITES documentation is required, or in special procedures in which trade is

regulated but the specimens are subject to the provisions of an Appendix

different to the one in which it is listed, or documents other than the normal

CITES documentation are required.

http://www.nre.gov.my/Biodiversity/Publication/CITES%20PERMITS%20EXEMPTIONS.pdf23

Special Conditions…

Specimens in transit or transhipment

• ―Specimens in transit or transhipment‖ refers only to specimens that remain under

the control of Customs, that are in the process of shipment to a named

consignee through or in the territory of a third Party, or for which interruption

in their movement stems only from arrangements necessitated by the

requirements of transport. In these cases, the normal provisions of CITES do not

apply.

• The Parties nevertheless recommend that if national legislation allows, authorities

should verify the presence of valid CITES documents and seize or confiscate

specimens without valid documentation. If seizure or confiscation is not possible,

shipment details should be sent to the country of final destination, to other countries of

transhipment and to the CITES Secretariat. These procedures should also apply if the

country of origin or country of final destination is a non-Party. Section 13, Act 686

therefore applies to it.24

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Special Conditions…

Pre-Convention specimens

• The normal provisions do not apply to traded specimens if they were acquired before

the Convention applied to them (that is, the date on which the species was first

included in the Appendices).

• If the Management Authority is satisfied that this is the case, it can issue a certificate to

that effect (a pre-Convention certificate).

• It is up to the Management Authority to decide whether to issue a pre-Convention

certificate

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Special Conditions…Personal or household effects

• ―Personal or household effects‖ refers to specimens that are personally owned or possessed for

noncommercial purposes, legally acquired, and at the time of import, export or re-export either

are worn or carried or included in personal baggage or are part of a household move.

• Personal effect exemptions do not apply to live specimens; these still require permits. Some

countries have adopted stricter domestic measures and do not allow exemptions for personal

effects.

• The exemption for specimens that are personal or household effects is the only true exemption in

which no CITES documentation is required for specimens of species included in the Appendices.

• However, the exemption does not apply to all situations in which a person is returning to his

State of usual residence with a CITES specimen for personal use. Specifically, the exemption

does not apply to Appendix I specimens when they are obtained in a State other than the

owner’s State of usual residence (these are considered imports).

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Special Conditions…

• The exemption also does not apply to Appendix II specimens:

• when the specimen was removed from the wild in a State that is not the person’s State

of usual residence;

• when the specimen is being imported into the owner’s State of usual residence; and

• when the State where removal from the wild occurred requires the issuance of an

export permit before export

(in these cases an export permit is required).

• The term tourist souvenir specimen applies only to personal and household

effects acquired outside a person’s State of usual residence; it does not apply to

live specimens.

• Tourist souvenir specimens of species listed in Appendix I should not be

exempted from the usual CITES provisions for Appendix I species.

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Special Conditions…

Exchange between registered scientific institutions

• The Convention provides for the possibility of exempting the donation or exchange of

certain types of scientific material from the usual provisions, if such specimens are

being transferred between scientists or scientific institutions registered by a

Management Authority of their State.

• This exemption applies only to herbarium specimens, live plant material, and

preserved, dried or embedded museum specimens.

• The container in which the specimens are shipped should carry a label indicating the

type of specimens, the name and address of the exporting institution, and the

codes of the exporting and importing institution.

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Special Conditions…

Travelling exhibitions

• The Parties use a system of special travelling exhibition certificates with a validity

of three years and suited for multiple use for pre-Convention or captive-bred

specimens.

• Of the other conditions, the most important is that the specimens be marked or otherwise

easily identifiable

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Some insights of wildlife

trafficking routes...

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Reference points:

www.cites.org

OR/ AND

http://www.nre.gov.my/Biodiversity/Pages/default.

aspx

Then, Click CITES logo and

Go to ABOUT CITES

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Quick References:

On CITES e-Learning go to:

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_%20Briefcase-05_Fur_Bobcats.pdf

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-08_Artificiallpropagated_vs_wildharvest.pdf

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-09_Precious_Corals.pdf

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-10_Tortoiseshell_Identification.pdf

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-11_Snake_skin_Identification.pdf

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-12_Ivory_Identification.pdf

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Quick References:

On CITES e-Learning go to:

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Brie

fcase-16_Chameleons_Identification.pdf

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Brie

fcase-17_Crocodile_Identification.pdf

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Brie

fcase-19_Orchids_hybrid_treatment.pdf

http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Brie

fcase-20_Giant_clams.pdf

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Quick References:

CITES Secretariat

Capacity Building Unit

International Environment House

Chemin des Anémones

CH-1219 Châtelaine, Geneva, Switzerland

Tel.: (+4122) 917-8139/40

Fax: (+4122) 797-3417

E-mail: info@cites.org

3-hour interactive, computer-based training course

for Customs officers contact:

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