Regulation of the People's Republic of China on the Administration of the Import and Export of Endangered Wild Fauna and Flora (2019 Revision)

Regulation of the People's Republic of China on the Administration of the Import and Export of Endangered Wild Fauna and Flora (2019 Revision) Regulation of the People's Republic of China on the Administration of the Import and Export of Endangered Wild Fauna and Flora (Issued by Order No. 465 of the State Council on April 29, 2006; amended in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 19, 2018, and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations) Article 1 The present Regulation is formulated in order to intensify the administration on the import and export of endangered wild fauna and flora as well as the products thereof, protect and utilize, in a reasonable manner, the resources of wild fauna and flora and perform the Convention on the International Trade of Endangered Species of Wild Fauna and Flora (hereinafter referred to as the Convention). Article 2 Where the import/export convention restricts the import or export of endangered fauna and flora as well as the products thereof, it shall be governed by the present Regulation. As to the endangered fauna and flora as well as the products thereof under the focused protection of our country, the relevant provisions of the present Regulation on the export of endangered fauna and flora as well as the products thereof shall be applied. Article 3 The administrative departments of forestry and agriculture (fishery) of the State Council (hereinafter referred to as the administrative department of endangered fauna and flora under the State Council) shall, according to their work division and duties, take charge of the administration of the import and export of endangered fauna and flora as well as the products thereof throughout the country and do a good job in the relevant work relating to the performance of the Convention. Any other relevant departments of the State Council shall, according to the provisions of relevant laws and administrative regulations, do well within their respective functions and duties. Article 4 The state administrative organ in charge of the import and export of endangered species shall perform the Convention on behalf of the Chinese Government and shall produce, upon verification, a Certification on Import/Export Permission for key wild fauna and flora as well as the products thereof under state protection whose export has been approved by the administrative department of endangered fauna and flora under the State Council as well as the endangered wild fauna and flora as well as the products thereof whose import or export has been restricted by the import/export convention yet approved by the administrative department of endangered fauna and flora under the State Council. Article 5 The state scientific institution for the import and export of endangered species shall, according to the present Regulation, organize the relevant experts as specialized in terrestrial wild animals, aquatic wildlife and wild plants to engage in the scientific consulting on the import and export of endangered wild fauna and flora as well as the products thereof. Article 6 It is prohibited to import or export any endangered wild fauna and flora as well as the products thereof whose import or export is prohibited by the Convention for any purpose of commercial trade. Where any import or export is required for such special reasons as scientific research, domestication and propagation, artificial cultivation and cultural exchange, it shall be subject to the approval of the administrative department of endangered fauna and flora under the State Council. Where any matter shall be subject to the approval of the State Council according to the relevant provisions, it shall be reported to the State Council for approval. It is prohibited to export any wild fauna and flora or any product thereof whose name is yet to be decided or which is newly found to be of important value or to export the relevant wild fauna and flora whose export has been prohibited by the State Council or the administrative department of endangered fauna and flora under the State Council. Article 7 The import or export of endangered fauna and flora as well as the products thereof whose import and export is restricted by the Convention, or the export of wild fauna and flora as well as the products thereof that has been restricted by the State Council or the administrative department of endangered fauna and flora under the State Council shall be subject to the approval of the administrative department of endangered wild fauna and flora under the State Council. Article 8 An import of endangered wild fauna and flora as well as the products thereof shall meet the following requirements: (1) The utilization of endangered wild fauna and flora as well as the products thereof meeting the relevant state provisions; (2) Having effective control measures as well as meeting the requirements for ecological security; (3) The materials as provided by the relevant applicant being authentic and effective; and (4) Meeting any other requirement as publicized by the administrative department of endangered fauna and flora under the State Council. Article 9 An import of endangered wild fauna and flora as well as the products thereof shall meet the following requirements: (1) Meeting the requirements for ecological security as well as public interest; (2) Having legal origin; (3) The materials as provided by the relevant applicant being authentic and effective; (4) Not falling within the prohibited category of export as prescribed by the State Council or the administrative department o......