23.22—What are the requirements for in-transit shipments?
(a) Purpose.
Article VII(1) of the Treaty allows for a shipment to transit an intermediary country that is a Party before reaching its final destination without the need for the intermediary Party to issue CITES documents. To control any illegal trade, Parties are to inspect, to the extent possible under their national legislation, specimens in transit through their territory to verify the presence of valid documentation. See § 23.50 for in-transit shipment of sample collections covered by an ATA carnet.
(b) Document requirements.
An in-transit shipment does not require a CITES document from an intermediary country, but must be accompanied by all of the following documents:
(1)
Unless the specimen qualifies for an exemption under § 23.92, a valid original CITES document, or a copy of the valid original CITES document, that designates the name of the importer in the country of final destination and is issued by the Management Authority of the exporting or re-exporting country. A copy of a CITES document is subject to verification.
(2)
For shipment of an Appendix-I specimen, a copy of a valid import permit that designates the name of the importer in the country of final destination, unless the CITES document in paragraph (b)(1) of this section is a CITES exemption document (see § 23.20(d) ).
(3)
Transportation and routing documents that show the shipment has been consigned to the same importer and country of final destination as designated on the CITES document.
(c) Shipment requirements.
An in-transit shipment, including items in an on-board store, must meet the following:
(1)
When in an intermediary country, an in-transit shipment must stay only for the time needed to immediately transfer the specimen to the mode of transport used to continue to the final destination and remain under customs control. Other than during immediate transfer, the specimen may not be stored in a duty-free, bonded, or other kind of warehouse or a free trade zone.
(2)
At any time during transit, an in-transit shipment must not be sold, manipulated, or split unless authorized by the Management Authority of the intermediary country for inspection or enforcement purposes.
(d) Reserving Party or non-Party.
All the requirements of this section apply to shipments to or from a reserving Party or non-Party that are being transshipped through a Party. The CITES document must treat the specimen as listed in the Appendix as provided in § 23.21(d).
(e) Specimen protected by other regulations.
Shipment of a specimen that is also listed as a migratory bird ( part 10 of this subchapter), injurious wildlife ( part 16 of this subchapter), endangered or threatened species ( parts 17 of this subchapter and 222-224 of this title), marine mammal ( parts 18 of this subchapter and 216 of this title), or bald or golden eagle ( part 22 of this subchapter), and is moving through the United States is considered an import, and cannot be treated as an in-transit shipment (see § 23.3 ).