23.40—What are the requirements for a certificate for artificially propagated plants?
(a) Purpose.
Article VII(5) of the Treaty grants an exemption to plants that are artificially propagated when a Management Authority issues a certificate.
(b) U.S. and foreign general provisions.
The following provisions apply to the issuance and acceptance of a certificate for artificially propagated Appendix-I, -II, or -III plants:
(1)
The certificate for artificially propagated plants and any subsequent re-export certificate must show the source code as “A” for artificially propagated.
(2)
For an Appendix-I specimen that satisfies the requirements of this section, no CITES import permit is required.
(d) Criteria.
The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign 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 certificate for artificially propagated plants | Appendix of thespecimen | Section | ||
|---|---|---|---|---|
| I | II | III | ||
| (1) The plant was artificially propagated. | Yes | Yes | Yes | 23.64 |
| (2) The plant specimen is one of the following:(i) Was propagated for noncommercial purposes. (ii) Is part of a traveling exhibition. (iii) Is a hybrid of one or more Appendix-I species or taxa that is not annotated to include hybrids in the listing and was propagated for commercial or noncommercial purposes. | Yes | n/a | n/a | |
| (3) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP. | Yes | Yes | Yes | 23.23 |
| (4) The live plant will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the specimen. | Yes | Yes | Yes | 23.23 |
(e) U.S. standard conditions.
In addition to the conditions in § 23.56, you must meet all of the following conditions:
(1)
You may not export or re-export a plant (including its parts, products, or derivatives) under this certificate if the plant was removed from the wild or grown directly from a wild seed, except for plants grown from exempt plant materials that qualify as artificially propagated.
(2)
You may not export an Appendix-I species that was propagated for commercial purposes under this certificate, except for hybrids of one or more Appendix-I species or taxa that are not annotated to include hybrids in the listing.
(3)
You may export a native plant under this certificate only when specifically approved for export and listed on the certificate, inventory sheet, or an approved species list.
(4)
You may export a specimen under a higher-taxon name only if you identified the taxon in your application and we approved it on this certificate.