Executive Regulation For Trade in Wildlife Species, Their Products and Derivatives

Article (1) – Definitions

  • The following terms and expressions – wherever they appear in the Executive Regulation – shall have the meanings set forth below, except where it is expressly otherwise:

    • Kingdom: Kingdom of Saudi Arabia.

    • Law: Environmental Law.

    • Executive Regulation: The Executive Regulation for Trade in Wildlife Species, Their Products and Derivatives.

    • Ministry: Ministry of Environment, Water and Agriculture.

    • Minister: Minister of Environment, Water and Agriculture.

    • Competent Center: National Center for Wildlife, or the National Center for Vegetation Cover, each within its mandates and obligations.

    • Person: Any public or private, natural or legal person.

    • Convention: The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which the Kingdom joined as per the Royal Decree No. (M/9), dated 8/5/1416 AH.

    • Appendices of the Convention: A list of species in appendices I, II, and III of the Convention, and any amendments thereto.

    • Conference of the Parties: A periodic meeting of the member states of the Convention.

    • Scientific Committee: A committee formed by the decision of the chairman of the board of directors of the Competent Center specialized in expressing scientific and technical opinion on the implementation of the Convention, and whose operating mechanism is set out by the decision.

    • Fund: Environment Fund.

    • Lists: Lists of wildlife species issued by the board of directors of the Competent Center, or any amendments thereto.

    • Wildlife: Plant and animal wildlife species and their habitats.

    • Wildlife Species: Any living or dead organism which scientifically belongs to the animal or plant groups and lives in its natural habitat or in captivity, excluding man and domestic or domesticated animals.

    • Derivative: Any substance extracted from wildlife species, whether naturally or artificially.

    • Product: Any non-manufactured or partially or entirely manufactured part of a wildlife species.

    • Sample: Refers to:

      • a) Any wildlife species included in the lists issued by the Competent Center, or the appendices of the Convention.

      • b) Any product or derivative identified through its enclosed documents, or from a mark or a label, or by any other means of identification as originating from a wildlife species included in the lists issued by the Competent Center, or in the appendices of the Convention.

    • Trade in Wildlife Species: Any form of import, export, re-export, introduction from the sea, transit, transport, sale, display, or propagation of any sample of wildlife species for any purpose whatsoever, including international trade, domestic trade, and personal acquisition.

    • International Trade: Any form of export, re-export, import, transit, offloading, or transshipment subject to customs regulations, beside any introduction from the sea.

    • Domestic Trade: Any activity that includes, but not limited to, transportation, sale, purchase, display, propagation, and acquisition in any area falling under the sovereignty of the Kingdom.

    • Import: Bringing, introduction or offloading or transshipment from outside the Kingdom to any area falling under its sovereignty.

    • Export: Taking out or sending from any area falling under the sovereignty of the Kingdom to any area outside the Kingdom.

    • Re-export: Exporting what has been imported, whether in its original or altered state.

    • Introduction from the Sea: Transportation to the Kingdom of any sample taken from a maritime area that does not fall under the sovereignty of any country.

    • Transit: Passing through border crossings that fall under the sovereignty of the Kingdom during the transfer of samples between countries.

    • Transfer: Transfer of wildlife species samples within the Kingdom.

    • Offloading and Transshipment: Procedures for changing means of shipment as defined in the customs system.

    • Display: Use of wildlife species in performances, events, advertisements, and promotions.

    • Sale: Any form of sale. In implementing the Executive Regulation, rental, barter, exchange, and gifting are regarded as sale.

    • Acquisition: Possession or sheltering of any wildlife species sample, product, or derivative for any purpose whatsoever.

    • Captivity: Any fully or partially controlled place where living wildlife species are held captive.

    • Captivity-Bred Species: Animal wildlife species that reproduce through natural or artificial propagation techniques for a generation or more in a totally or partially controlled environment, according to what is issued by the Conference of the Parties.

    • Artificially Grown Species: Plant wildlife species produced from seeds, cuttings, tissues, bark, spores, or other propagating materials under controlled conditions, in accordance with what is issued by the Conference of the Parties.

    • Country of Origin: Country from which the sample was taken from its natural habitat, or in which it was born, or which was a place for its propagation in captivity or propagation by artificial methods, or into which it was introduced from the sea.

    • Shelter Centers: Places designated by the Competent Center for the preservation of living samples that are seized and looked after.

    • License: A document issued by the Competent Center to carry out any activity related to trade in wildlife species samples.

    • Licensee: A person who obtains a license in accordance with the provisions of the Executive Regulation.

    • Ownership Certificates: A document issued by the Competent Center certifying ownership of the sample by the individuals, through which samples can be transferred between countries more than once.

    • Examination during International Trade: Auditing licenses, certificates, and documents referred to in the environment law, the Executive Regulation, and the Convention, to verify their validity and conformity with the shipment. This includes examining samples and, if necessary, collecting samples therefrom, for analysis or examination.

    • Personal or Family Possessions: Samples that are owned by persons and are part of their usual possessions.

    • Inspectors: Employees designated by the Minister or the chairman of the Center's board of directors to undertake Center environmental monitoring and inspections, and to apprehend, investigate, and substantiate violations to the provisions of the law and Executive Regulations.

Article (2) – Scope of Application

  • The provisions of these Executive Regulation shall apply to all persons within the Kingdom who handle wildlife species listed by the Competent Center and on the Convention lists, in order to regulate trade in wildlife species, their products, and derivatives.

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Article (3) – Centers’ Scope of Work regarding Trade in Wildlife Species, their Products and Derivatives

  • (1) The National Center for Wildlife Development shall regulate trade in the samples of terrestrial and marine animal wildlife species as well as samples of marine plant wildlife species and is considered the administrative and executive authority of the Convention within the scope of its mandates and obligations.

  • (2) The National Center for Vegetation Cover shall regulate trade in terrestrial and coastal plant samples and is considered the administrative and executive authority of the Convention within the scope of its mandates and obligations.

  • (3) Each Center, within the scope of its mandates and obligations, is responsible for the following:

    • a. Developing and issuing lists of wildlife species, which the Center is responsible for regulating trade in their samples, products, and derivatives in the Kingdom, in addition to the appendices of the Convention.

    • b. Setting and announcing the annual quotas of wildlife species allowed to be exported or imported, for each type of wildlife species sample.

    • c. Developing and issuing the requirements pertaining to the regulation of trade in wildlife species samples.

    • d. Issuing and renewing required licenses to regulate trade in wildlife species samples.

    • e. Developing and approving the rules, conditions, and requirements related to licensing mechanisms and collection of corresponding dues.

    • f. Developing national records to facilitate Center’s work in regulating trade in wildlife species samples.

    • g. Implementing the Convention and its obligations in coordination with the relevant authorities.

    • h. Communicating with the Convention Secretariat, other countries, and international organizations through the national point of contact (the Deputy-Ministry for Environment) to implement administrative, executive, technical, and scientific matters.

    • i. Developing guidelines to enhance awareness of government agencies and society in general, regarding the regulation of trade in wildlife species samples.

    • j. Qualifying technical bodies among relevant authorities to implement the provisions of the Executive Regulation and of the Convention as per the law. Qualification includes, but not limited to, veterinary specialists, agricultural engineers, border crossing control authorities, and customs.

    • k. Inspection, and implementing provisions of the Executive Regulation related to testing upon introduction, export, re-export, transit, offloading, or transshipment in coordination with authorities overseeing land, sea and air border crossings of the Kingdom.

    • l. Inspection, and implementing provisions of the Executive Regulation related to monitoring physical or online local markets, in coordination with relevant authorities.

    • m. Establishing, managing, and operating shelter centers.

    • n. Developing reports on the national efforts and measures taken to implement provisions of the Convention and submitting them to Ministry.

    • o. Developing annual reports on trade in wildlife species, their products, and derivatives in light of Kingdom's obligations under the Convention and submitting them to Ministry.

    • p. Estimating the costs of compensation for the violations committed, and the costs of sheltering species associated with violating provisions of the law and Executive Regulation.

Article (4) – Scope of the Work of Scientific Committee Regarding Trade in Wildlife Species, their Products and Derivatives

  • (1) The chairman of the board of directors of the Competent Center shall issue a decision to form one or more scientific committees, and to nominate its members, its modus-operandi, and the duration of its mission.

  • (2) The tasks of scientific committee shall be limited to expressing scientific opinion on all that is referred from the Competent Center and is related to trade in wildlife species samples.

Article (5) – Provisions for Trading in Wildlife Species Samples

  • (1) It is prohibited to trade in wildlife species samples except under a license issued by the Competent Center, only for species obtained from legal sources.

  • (2) Transactions of trade in wildlife species samples shall fulfill the standards and requirements set forth in the Executive Regulation or issued by the Competent Center.

  • (3) The Competent Center shall designate one or more approved border entry/exit points in the Kingdom for the import, export, re-export or transit of wildlife species samples. It also has the right to designate ports for the introduction of wildlife species samples from the sea in coordination with relevant authorities.

  • (4) A license shall be issued for each type of species; and the number of licenses issued by the Competent Center for each application shall vary according to the number of types of species indicated in the license application for international trade therein.

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Article (6) - Mechanism for Granting Licenses to Trade in Wildlife Species Samples

  • (1) The applicant for a license to trade in wildlife species samples must submit an application to the Competent Center, enclosing with it all documents required by the Center.

  • (2) The Competent Center shall issue its decision on license applications within five working days, as of the date of registration of each completed application. If required, the Competent Center may extend the period by five additional working days.

  • (3) The license shall be issued upon the settlement of the financial due specified by the Competent Center.

  • (4) The license shall be issued in both Arabic and English, indicating the information and data specified by the Convention, and what is specified by the Competent Center.

  • (5) The Competent Center may consult the scientific committee before issuing the license.

  • (6) The Competent Center may request additional documents.

  • (7) The Competent Center may refuse to issue the license, based on justified refusal.

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Article (7) – Licensing Requirements for Trade in Wildlife Species Samples

  • (1) The Competent Center may – at any time – withdraw, or amend, any license issued if deemed necessary and if the license was issued based on incorrect or misleading information submitted by the applicant, or with his knowing.

  • (2) The license to trade in wildlife species samples are nominative and non-transferable to other parties.

  • (3) The licenses to import and introduce from the sea are valid for a period no more than twelve months from the date of their issuance.

  • (4) Export and re-export licenses are valid for a period no more than six months from the date of their issuance.

  • (5) Transit or transport licenses are valid for a period no more than one month from the date of their issuance.

  • (6) The Competent Center shall determine the validity period of the license for acquisition, investment, sale, and display, as it deems appropriate.

  • (7) License holders shall create a database and keep records for wildlife species’ samples, and provide the Competent Center with this data and any other requested information.

  • (8) Licenses are declared invalid in case of expiry, amendment, or change in data therein in any way by a party other than the issuing authority. Licenses are also declared invalid in case species or their condition mentioned in the license differ from those traded in, or if the requirements for land, sea, or air transport were violated.

  • (9) International trade licenses are used one time for each shipment and are no longer valid once used. In case international trade is carried out in smaller quantities compared to what is indicated in the license, the same license cannot be used to complete an international trade in the remaining quantity.

  • (10) License holders are bound by provisions of the law, Executive Regulation, and license requirements.

Article (8) – Exceptions for Licensing Trade in Wildlife Species Samples

  • Without prejudice to provisions of the Convention, certain species types and quantities specified by the Competent Center are excluded from the licensing procedures for trade in wildlife species and their products.

Article (9) – Ownership Certificates

  • 1) The National Center for Wildlife determines the animal living samples for which ownership certificates can be issued.

  • (2) Ownership certificates are issued for the purpose of recurring international trade and can be used more than once during their validity period.

  • (3) Ownership certificates are nominative and non-transferable, and cannot be used by third parties.

  • (4) Ownership certificates may be issued only for individuals residing within the Kingdom and for whom the Kingdom is considered the usual place of residence.

  • (5) It is prohibited to sell, gift, or transfer living animal samples for which ownership certificates have been issued when they are outside the Kingdom.

  • (6) The Competent Center shall issue ownership certificates in accordance with provisions of the Convention.

  • (7) The validity period of the certificate shall not exceed (3) three years from its issuance date.

  • (8) Should the certificate contain all the information required by the Convention as a minimum, it can be issued in the form of a passport.

  • (9) The National Center for Wildlife Development must be notified if the certificate is damaged or lost. Upon loss, death, sale or transfer of the living sample, the Center must also be notified and handed over the original certificate.

  • (10) The ownership certificate must be used for international trade from and to the countries specified by the National Center for Wildlife only. If desired, international trade from and to countries not specified by the National Center for Wildlife shall be done through the different types of licenses issued by the Center.

Article (10) – Licenses for Captivity-Bred Species or Artificially

  • (1) It is not permissible to establish any facilities for breeding and propagation of wildlife species in captivity or artificially for samples included in the lists of the Competent Center and the Convention for any purpose whatsoever, without obtaining a prior license from the Center.

  • (2) Persons who wish to breed or propagate species in captivity or to produce plants by artificial propagation of the species included in the lists of the Competent Center or the Convention must submit an application to the Center accompanied by the necessary documents specified by the Center.

  • (3) The Competent Center shall issue its decision on licensing applications within a period not exceeding two months as of registration date of each completed application. If required, the Competent Center may extend the period for an additional month.

  • (4) License holders are bound by the requirements for placing wildlife species in captivity in accordance with article (11) of the Executive Regulation.

  • (5) License holders shall create a database and keep records of the numbers and types of samples in each facility and the propagation operations that are taking place there and any dealings thereon. License holders shall provide the Competent Center with this data and any other requested information.

  • (6) License holders are bound by provisions of the law, Executive Regulation, and license requirements.

  • (7) The Competent Center may, at any time, inspect sites for breeding species, propagating them in captivity, or producing plants by artificial propagation.

  • (8) The validity period of license shall not exceed three years, renewable for similar periods, and each Competent Center shall determine the validity period it deems appropriate for each license.

  • (9) It is prohibited to trade in Captivity-Bred Species or artificially unless they originate from facilities licensed by the Competent Center for breeding and propagation of wildlife species in captivity or producing plants by artificial propagation, or if their products are derived from the samples included in the lists of the Center and the Convention.

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