Title 50
SECTION 23.52
23.52 What are the requirements for replacing a lost, damaged, stolen, or accidentally destroyed CITES document
§ 23.52 What are the requirements for replacing a lost, damaged, stolen, or accidentally destroyed CITES document?(a) Purpose. A Management Authority may issue a duplicate document, either a copy of the original or a re-issued original, when a CITES document has been lost, damaged, stolen, or accidentally destroyed. These provisions do not apply to a document that has expired or that requires amendment. To renew a U.S. CITES document, see part 13 of this subchapter. To amend a U.S. CITES document, see part 13 of this subchapter if the activity has not yet occurred or, if the activity has already occurred, see § 23.53 of this part.
(b) U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of a replacement CITES document:
(1) The permittee must notify the issuing Management Authority that the document was lost, damaged, stolen, or accidentally destroyed.
(2) The issuing Management Authority must be satisfied that the CITES document was lost, damaged, stolen, or accidentally destroyed.
(3) The issuing Management Authority should immediately inform the Management Authority in the country of destination and, for commercial shipments, the Secretariat.
(4) If the replacement CITES document is a copy, it must indicate that it is a “replacement” and a “true copy of the original,” contain a new dated original signature of a person authorized to sign CITES documents for the issuing Management Authority, and give the reason for replacement.
(5) If the replacement CITES document is a newly issued original document, it must indicate that it is a “replacement,” include the number and date of issuance of the document being replaced, and give the reason for replacement.
(6) In the United States, you may not use an original single-use CITES document issued under a CITES master file or CITES annual program as a replacement document for a shipment that has already left the country.
(c) U.S. application procedures. To apply for a replacement CITES document, you must do all of the following:
(1) Complete application Form 3-200-66 and submit it to the U.S. Management Authority.
(2) Consult the list to find the types of information you need to provide (more than one circumstance may apply to you):
| If | Then |
|---|---|
| (i) The shipment has already occurred | Provide copies of: (A) Any correspondence you have had with the shipper or importing country's Management Authority concerning the shipment. (B) For wildlife, the validated CITES document and cleared Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177). (C) For plants, the validated CITES document. |
| (ii) The original CITES document no longer exists | Submit a signed, dated, and
notarized statement that: (A) Provides the CITES document number and describes the circumstances that resulted in the loss or destruction of the original CITES document. (B) States whether the shipment has already occurred. (C) Requests a replacement U.S. CITES document. |
| (iii) An original CITES document exists but has been damaged | Submit the original damaged
CITES document and a signed, dated, and notarized statement
that: (A) Describes the circumstances that resulted in the CITES document being damaged. (B) States whether the shipment has already occurred. (C) Requests a replacement U.S. CITES document. |
(d) Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign documents.
(1) When applying for a U.S. replacement document, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria:
(i) The circumstances for the lost, damaged, stolen, or accidentally destroyed CITES document are reasonable.
(ii) If the shipment has already been made, the wildlife or plant was legally exported or re-exported, and the Management Authority of the importing country has indicated it will accept the replacement CITES document.
(iii) The specimens were presented to the appropriate official for inspection at the time of import and a request for a replacement CITES document was made at that time.
(2) For acceptance of foreign CITES replacement documents in the United States, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria:
(i) The specimens were presented to the appropriate official for inspection at the time of import and a request for a replacement CITES document was made at that time.
(ii) The importer or the importer's agent submitted a signed, dated, and notarized statement at the time of import that describes the circumstances that resulted in the CITES document being lost, damaged, stolen, or accidentally destroyed.
(iii) The importer or the importer's agent provided a copy of the original lost, stolen, or accidentally destroyed document at the time of import showing that the document met the requirements in §§ 23.23, 23.24, and 23.25.
(e) U.S. standard conditions. In addition to the conditions in § 23.56, the following conditions apply:
(1) If the original CITES document is found, you must return it to the U.S. Management Authority.
(2) A CITES document issued for a shipment that has already occurred does not require validation.
(f) Validation. For an export or re-export that has not left the United States, follow the procedures in § 23.27. If the shipment has left the United States and is in a foreign country, submit the unvalidated replacement CITES document to the appropriate foreign authorities. We will not validate the replacement CITES document for a shipment that has already been shipped to a foreign country. We do not require validation on replacement documents issued by foreign Management Authorities.
[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]