Title 50
SECTION 23.40
23.40 What are the requirements for a certificate for artificially propagated plants
§ 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.
(c) U.S. application form. Complete Form 3-200-33 and submit it to the U.S. Management Authority.
(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
the specimen |
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 treat hybrids as Appendix-I specimens 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 or spore, 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 treat hybrids as Appendix-I specimens. (See § 23.47.)
(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.
[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]