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ACT NO. XIV OF 2012

PAKISTAN TRADE CONTROL OF WILD FAUNA AND FLORA ACT, 2012

An Act to give effect to the United Nations Convention on International Trade in Endangered Species of Wild/Fauna and Flora

[Gazette of Pakistan Extraordinary, Part-I, 8th May, 2012]

WHEREAS, Pakistan is a party to the United Nations Convention on International Trade in Endangered Species of Wild Fauna and Flora.

AND WHEREAS, it is expedient to enable the Federal Government to give effect to the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

It is hereby enacted as follows:—

1.       Short title, extent and commencement.—(1) This Act may be called the Pakistan Trade Control of Wild Fauna and Flora Act, 2012.

(2)     It extends to the whole of Pakistan.

(3)     It shall come into force on such date as the Federal Government may by notification in the official Gazette, appoint.

2.       Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(a)     "Convention" means the United Nations Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 including such amendments made therein, which are accepted by Pakistan;

(b)     "designated authority" means a management authority designated by the Government of a State, other than Pakistan, for the purposes of the Convention;

(c)     "exotic" means a wild animal or plant species introduced to an area outside of its natural occurrence;

(d)     "export" means taking out of Pakistan by land, sea or air;

(e)     "indigenous" means a wild animal or plant species native to a specified area, a country or a region, but not introduced from an area of its natural Occurrence;

(f)      "Management Authority" means the authority constituted under Section 15;

(g)     "person" includes legal or natural person, a company, association, a body of individuals whether incorporated or not; and

(h)     "Scientific Authority" means the Authority designated under Section 16.

(i)      Then expressions used but not defined herein shall have the same meanings as are assigned to them in the Convention.

3.  Prohibition of export, re-export and import and punishment for contravention.—(1) No person shall export or re-export out of or import into Pakistan any specimen included in any Appendix of the Convention, except as provided under Section 5, 6, 7 and 9. Such export, re-export or import shall be through a customs port of exit or entry, and subject to any other law relating to control on export, re-export and import for the time being in force.

(2)     Any person who attempts or abets to do anything which is prohibited under this Act rules made hereunder shall be liable to the same punishment as that of the offence under this Act.

(3)     A person who presents, possesses or uses a false license or certificate shall be guilty of the offence specified in sub-section (2) and be liable for the same punishment as provided in sub-section (5).

(4)     Where an offence under this Act has been committed by a body corporate, and it is proved that such offence has been committed with the consent or connivance of or, to be attributable to any neglect on part of a director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(5)     Any person who,—

(a)     contravenes or resists or interferes with the enforcement of the provisions of this Act or any rule or order made there under; or

(b)     in an application or in any proceedings under this Act furnishes or abets the furnishing of any information which he knows or has reason to believe to be false, or fraudulently conceals or misrepresents facts, or abets such concealment or misrepresentation.

Shall be punished with imprisonment for a term which shall not be less than one year or more than two years or with fine which shall not be less than 0.500 million rupees or more than 1.000 million rupees.

4.       Cognizance of Offence.—No Court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by a duly authorized officer of department or an officer designated by the Federal Government.

5.       Export from Pakistan.—The export from Pakistan of any specimen included in any Appendix shall require valid export permit issued by the Management Authority. An export permit shall be granted on fulfill of the following conditions namely:—

(a)     the Scientific Authority has advised that such export shall not be detrimental to the survival of that species and to other species of fauna and flora;

(b)     the Management Authority is satisfied that the specimen was not obtained in contravention of the laws of Pakistan for the protection of fauna and flora;

(c)     the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and

(d)     the Management Authority is satisfied that an import permit or no objection certificate has been granted for the specimen by the designated authority.

6.       Import into Pakistan.—(1) The import into Pakistan of any specimen included in any Appendix shall require the following, namely:—

(a)     the export permit on a re-export certificate issued by a designated authority; and

(b)     an import permit or no objection certificated issued by the Management Authority.

(2) An import permit shall be granted on fulfillment of the following conditions, namely:—

(a)     the Scientific Authority has advised that the import shall be for purposes which are not detrimental to the survival of the species involved and to other indigenous species of fauna and flora;

(b)     the Scientific Authority is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and

(c)     the Management Authority is satisfied that the specimen is not to be used primarily for commercial purposes.

7.       Re-export from Pakistan.—The re-export from Pakistan of any specimen included in any Appendix shall require a valid re-export certificate issued by the Management Authority and a re-export certificate shall be granted on fulfillment of the following conditions, namely:—

(a)     the Management Authority is satisfied that the specimen was imported in accordance with the provisions of this Act;

(b)     the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment;

(c)     the Scientific Authority is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and

(d)     the Management Authority is satisfied that an import permit has been granted for such specimen by the designated authority.

8.       Introduction from the sea.—The introduction from the sea of any specimen of a species included in any Appendix shall require the prior grant of a certificate by the Management Authority. A certificate shall be granted on fulfillment of the following conditions, namely:—

(a)     the Scientific Authority has advised that the introduction will be for purposes which are not detrimental to the survival of the species involved and to other indigenous species of fauna and flora;

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