Controlled Wildlife Products and Trade Act, 2008

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Controlled Wildlife Products and Trade Act, 2008

Act 9 of 2008

  • Published in Government Gazette no. 4190 on 30 December 2008

  • Assented to on 14 December 2008
  • Commences on 15 February 2012 unless otherwise noted

  1. [Amended by Amendment of Schedule 3: Controlled Wildlife Products and Trade Act, 2008 (Government Notice 94 of 2017) on 24 April 2017]

ACTTo provide for the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and to provide for incidental matters.

1. Definitions and interpretation

(1)In this Act unless the context indicates otherwise any word to which a meaning has been assigned by the Convention bears that meaning, and -Appendix” means the relevant appendix to the Convention;controlled wildlife product” means any animal or plant (or any portion thereof), as well as any product or substance derived from any plant or animal as set out in Schedule 1;Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed at Washington on 3 March, 1973, as amended in Bonn on 22 June 1979 and acceded to by Namibia on 18 December 1990, the text of which is set out in Schedule 2;deal in” means sell, buy, offer or expose for sale or purchase, barter or offer as valuable consideration;Minister” means the Minister responsible for environment;Ministry” means the Ministry of Environment and Tourism;staff member” means a staff member as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995);this Act” includes the Convention as well as regulations made under section 9;
(2)Any reference to “Article”, and “Appendix” is construed to be a reference to that Article or Appendix of the Convention.
(3)Any provision of this Act is construed with reference to the Convention and any provision of the Convention is deemed to be part of this Act and for that purpose -(a)the Management Authority for Namibia is the Minister;(b)the Scientific Authority for Namibia is the technical committee established by section 3;(c)a species is deemed to be included in an Appendix only if it appears in the relevant column of Schedule 3 and also subject to such further qualifications as set out in the relevant entry or such further notes as may appear in that Schedule.

2. Relation with other laws

The prohibition of any action, the prohibition of the possession of any thing or the requirement for a permit or certificate to do anything or to possess anything are in addition to any prohibition or requirement contained in any other law.

3. Technical committee

(1)A technical committee that must perform the duties and which has the powers assigned to the Scientific Authority by the Convention is hereby established.
(2)The technical committee consists of -(a)two staff members from the Ministry;(b)one staff member whose duties relate to veterinary services;(c)one staff member whose duties relate to botanical research;(d)one staff member from the Ministry of Fisheries and Marine Resources;(e)one staff member whose duties relate to the National Museum.
(3)The Minister must appoint the members of the technical committee on the recommendation of the Minister responsible for the ministry, office or agency where the relevant staff member is employed.
(4)The members of the technical committee must be appointed for a period of three years and may be reappointed on the expiry of that period.
(5)A member of the committee ceases to hold office if he or she ceases to be a staff member as contemplated in subsection (2).
(6)The Minister may remove a member of the committee, if in his or her opinion -(a)the organisation of the public service has changed in such a manner or the person in question has been appointed in another post that has the effect that the appointment of the person on the committee concerned is no longer appropriate;(b)the person concerned is for any other reason unable to effectively fulfil his or her duties as a member of the committee.
(7)If a position on the committee becomes vacant as contemplated in subsection (5) or (6), the Minister may appoint a member to fill the vacant position and the new member holds the position for the unexpired portion of the term of office of the member in whose position he or she has been appointed.
(8)A quorum at a meeting of the committee is four members.
(9)The Minister must appoint one of the members of the committee as the chairperson.
(10)The chairperson must preside at a meeting of the committee.
(11)If the chairperson is not present at a meeting of the committee, the members must elect one of them to preside at that meeting.
(12)Any decision of the committee is taken by a majority of the members present at a meeting of the committee, and in the case of an equality of votes, the person who presides at such a meeting has a casting vote as well as his or her deliberative vote.
(13)The committee must meet at least once a year.
(14)The committee must meet at such times and places as the committee has determined or in the absence of such determination as the chairperson or the Minister has determined.
(15)The Minister may at any time call a meeting of the committee.
(16)No decision of the committee is invalid only because there was a vacancy on the committee or because a person participated in the deliberations of the committee or voted while such person was not entitle to participate or vote if there was a quorum at the meeting concerned and a majority of the members present voted in favour of the decision in question.
(17)Subject to the provisions of this Act, the committee may determine its own procedure.

4. Possession of and dealing with controlled wildlife products

(1)Any person who -(a)possesses any controlled wildlife product the possession of which is unlawful in terms of Schedule 1;(b)deals in any controlled wildlife product if the dealing therein is unlawful in terms of Schedule 1;(c)manufactures anything from a controlled wildlife product if such manufacture is unlawful in terms of Schedule 1;(d)imports any controlled wildlife product if the import thereof is unlawful in terms of Schedule 1; or(e)exports any controlled wildlife product if the export thereof is unlawful in terms of Schedule 1,commits an offence unless he or she has been issued with a permit contemplated in subsection (3) authorising the act in question and unless he or she complies with the conditions specified in the permit.
(2)A person who has contravened subsection (1) is -(a)if he or she has only possessed the product as contemplated in subsection (1)(a), on conviction liable to a fine not exceeding N$20 000 or imprisonment for a period not exceeding five years or to both such fine and such imprisonment;(b)if he or she has performed any action referred to in subsection (1)(b), (1)(c), (1)(d) or (1)(e), on conviction liable to a fine not exceeding N$200 000 or to imprisonment for a period not exceeding 20 years or to both such fine and such imprisonment.
(3)The Minister may issue a permit in the form determined by him or her authorising any action in respect of a controlled wildlife product.
(4)The Minister may specify any class of action or class of product for which the permit in question is issued.
(5)The Minister may impose such conditions as he or she considers necessary in order to achieve the objects of this Act when issuing a permit in terms of subsection (3), which conditions may include -(a)requirements relating to the keeping of records;(b)requirements relating to the marking of specific specimens or any requirements that will facilitate the identification of specific specimens;(c)requirements relating to the registration of specific specimens.
(6)The class of controlled wildlife products for which the permit is issued, the conditions subject to which the permit is issued, the period for which and the actions authorised by the permit, must be indicated on the permit in question.

5. Acts prohibited by Convention

(1)No person may -(a)import;(b)export;(c)re-export; or(d)introduce from the sea,whether to or from Namibia, in contravention of Article III, Article IV or Article V any specimen contemplated in those Articles, unless the certificates and permits contemplated in those Articles have been obtained or unless the actions concerned are exempt from the obtaining of such certificates or permits.
(2)Any person who contravenes subsection (1) commits an offence and is on conviction liable to a fine not exceeding N$200 000 or to imprisonment for a period not exceeding 20 years or to both such fine and such imprisonment.
(3)The court convicting a person of a contravention of subsection (1) may impose an additional fine or make a compensation order in favour of the State as authorised by laws relating to criminal procedure to compensate the State for -(a)all costs relating to the care or medical treatment of live specimens and the disposal thereof, whether incurred before the order or thereafter;(b)all costs relating to the return of any specimen (whether alive or dead) to its country of origin;(c)an amount equivalent to all costs incurred to restore a population of wildlife harmed through unlawful removal from the wild by the person convicted or commensurate with the impact of unlawful removal by the person convicted:Provided that any costs referred to in paragraph (a) and (b) may also be recovered by civil suit from any person convicted of an offence relating to the specimen concerned, or from whom such specimen has been seized.

6. Inspectors

(1)The Minister may appoint any staff member in the Ministry to be an inspector.
(2)An inspector must be issued with a certificate of appointment signed by the Minister and he or she must on request produce such certificate when exercising any power under this Act.
(3)A customs officer, police officer or nature conservator may exercise any power conferred upon an inspector by this Act, in addition to any other powers vesting in such offcer by any other law.[The word “officer” is misspelt in the Government Gazette in itssecond use in subsection (3), as reproduced above.]
(4)For the purposes of subsection (3) “customs officer” means an officer as defined in section 1 of the Customs and Excise Act, 1998 (Act No. 20 of 1998), “police officer” means a member of a police force established under any law, and “nature conservator” has the meaning assigned thereto by the Nature Conservation Ordinance, 1975 (Ordinance No. 4 of 1975).

7. Powers of inspectors

(1)An inspector may request any person who in his or her opinion possesses anything in respect of which a permit or certificate is required -(a)to make such thing available for inspection;(b)to produce the relevant permit or certificate.
(2)An inspector may examine any consignment which he or she reasonably suspects of containing any specimen of a species referred to in Schedule 3 or any controlled wildlife product.
(3)An inspector may search any premises that is not used as a private dwelling in order to determine whether any provision of this Act has been or is being contravened.
(4)An inspector may request a police officer to accompany him or her while he or she is investigating any matter relating to this Act and the police officer may exercise any power vesting in that police officer in the presence of the inspector concerned: Provided that a police officer may not search a person of a different gender from the inspector concerned in the presence of that inspector.
(5)An inspector may request a veterinarian to examine any live animal to determine any question relevant for the exercise of a discretion under this Act.
(6)An inspector may -(a)seize any specimen if the person in possession thereof does not produce the permit or certificate required by this Act in respect of that specimen;(b)seize anything used for, or in relation with the commission of any offence under this Act which includes a vehicle, firearm, trap, container, cage or other equipment associated with the hunting, transport, capturing, collecting, keeping, processing or manufacturing of the specimen concerned;(c)seize anything that may afford evidence of the commission of an offence under this Act;(d)take such samples from any specimen or anything relating to such specimen that may be relevant for the determination of a question relevant for the exercise of a discretion under this Act, or that may afford evidence for the commission of an offence under this Act;(e)examine any book, record, or document, as well as any computer system in which he or she reasonably believes anything relevant to an offence or duty contemplated in this Act is stored;(f)instruct any person to afford such assistance as is reasonably required to interpret or extract relevant information from such book, record, document or computer system;(g)put any question to any person that in the opinion of the inspector is necessary in order to exercise any discretion conferred by this Act or to clarify any matter in any record or book or with relation to any specimen.
(7)When an inspector seizes anything in terms of this Act, he or she must issue a receipt for such item.
(8)Any person who -(a)hinders or obstructs an inspector from exercising any power under this Act;(b)refuses or fails to comply with any request made by an inspector under this Act without a reasonable excuse; or(c)without a reasonable excuse, fails or refuses to answer a question put by an inspector under this Act,commits an offence and is on conviction liable to a fine not exceeding N$4 000 or imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

8. Forfeiture

(1)Subject to subsection (2) the provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), relating to the seizure and the forfeiting to the State of a thing relating to an offence, by a police officer or peace officer including provisions relating to the forfeiture, handling and storage of anything seized under that Act, as well as the provisions relating to rights of third parties when anything is declared forfeited, is applicable to anything seized under this Act and a reference in that Act to a peace officer or police officer is construed as a reference to an inspector.
(2)If the thing seized is a living plant or animal, the inspector may return such animal to its country of origin or release that plant or animal in an appropriate place in Namibia or deal therewith in any manner conducive to the well-being thereof, regardless of any rights in that thing that has not been conclusively determined but this subsection does not affect a claim of compensation for an unlawful seizure or disposal.
(3)Anything forfeited to the State as contemplated in this section must, if circumstances permit -(a)be returned to the country of export or origin of the specimen as appropriate and any cost incurred in relation thereto may be recovered from any person convicted of an offence under this Act if the offence relates to the specimen concerned;(b)be deposited in an appropriate institution, collection or museum or otherwise disposed of in a manner that benefits conservation.

9. Regulations

(1)The Minister may make regulations -(a)prescribing the forms on which application must be made for permits or certificates required by this Act;(b)prescribing the procedures with which an applicant for a permit or certificate must comply;(c)prescribing any matter relating to the packaging of any specimen;(d)prescribing requirements with which persons who keep live specimens must comply in order to promote the well-being of the specimen concerned;(e)prescribing any procedure that must be followed when any animal, plant or any part thereof or specimen thereof is imported, exported or introduced from the sea;(f)prescribing that any person who possesses, deals in, manufactures, imports or exports any controlled wildlife product or specimen (whether that person requires a permit or not) must keep records in the prescribed form and manner;(g)prescribing the manner that a prescribed class of specimens may or must be marked, prohibiting the tampering with or the performance of any action with respect to such mark and prescribing any other matter relating to such mark;(h)prescribing fees for the issuing of permits, registration or other administrative actions connected with the implementation of this Act;(i)prescribing any matter that is necessary or expedient to prescribe in order to achieve the objects of this Act;
(2)Regulations made under subsection (1) may create offences with a penalty that does not exceed a fine of N$8 000 or two years imprisonment or both such fine and such imprisonment.

10. Delegation of powers

(1)Any power -(a)vesting in the Minister (except the power to make regulations);(b)vesting in the committee,may be delegated to any staff member in the Ministry.
(2)When a power is delegated under this section, the authority that delegates the power concerned, may delegate any class of the powers vesting in that authority under such conditions as may be expedient.
(3)When powers are delegated under this section, the authority that delegates such powers, may issue directives circumscribing any issue with relation to the exercise of that power as may appear expedient.
(4)A delegation in terms of this section may at any time be withdrawn or amended.
(5)The committee may assign the research of any technical question to any person (whether a member or not) under such conditions as may be agreed with that person.
(6)A person to whom the research of a technical matter has been assigned as contemplated in subsection (5), must prepare a report on the research conducted to be submitted to the committee.
(7)If the committee adopts the report referred to in subsection (6), it is deemed that the committee has conducted the research in question.

11. Amendment of Schedules

(1)Whenever Appendices I, II or III is amended, the Minister must by notice in the Gazette amend Schedule 3 accordingly.[To be grammatically correct, subsection (1) should read “Whenever Appendix I, II or III is amended…”.]
(2)For the purpose of criminal liability or the seizure or forfeiture of any article, an amendment to Schedule 3 takes effect on the date when the notice is published as contemplated in subsection (1) or on a later date specified in that notice.
(3)The Minister may amend Schedule 1 by notice in the Gazette.
(4)When the Minister amends Schedule 1, the Minister may specify in respect of any animal, plant, part, product or substance that -(a)the possession thereof is unlawful;(b)dealing therein is unlawful;(c)the import thereof is unlawful;(d)the export thereof is unlawful,or that more than one of these actions are unlawful.
(5)When controlled wildlife products are specified as contemplated in this section, the Minister may distinguish between -(a)different species, varieties or populations of plants or animals;(b)the country or region from which the animal or plant originates;(c)the product or substance for which the act in question is specified;(d)the process used when the animal or plant has been caught or collected or the process used in extracting or manufacturing the product or substance; or(e)any other criterion that is relevant for the achievement of the objects of this Act.
(6)When the Minister amends Schedule 1, any act referred to in subsection (4), may be made conditional upon the compliance with any formalities relating to the registration, marking or any other action that will facilitate the identification of any specific specimen.

12. Jurisdiction of magistrate’s court

Despite any provision of any other law, a magistrate’s court has the power to impose any sentence or make any order in respect of an offence under this Act.

13. Repeal of laws and transitional provisions

(1)The Controlled Game Products Proclamation, 1980 (Proclamation AG. 42 of 1980), is repealed.
(2)Any person who has possessed anything lawfully before this Act comes into operation or before Schedule 1 or 3 is amended in such a manner that the person concerned would require a permit after such amendment, must apply for a permit authorising such possession within six months from such commencement or amendment.
(3)The provisions of subsection (2) apply to a person who is the holder of a permit issued in terms of the law repealed by subsection (1).
(4)If a person contemplated in subsection (2) or (3) has failed to apply within the period provided for in subsection (2), the possession in question is deemed to be possession without a permit as contemplated in section 4(1).

14. Short title and commencement

This Act is called the Controlled Wildlife Products and Trade Act, 2008 and comes into operation on a date determined by the Minister by notice in the Gazette.

Schedule 1

CONTROLLED WILDLIFE PRODUCTS

(Section 1)

1. Subject to paragraph 2 and 3 no person may possess, manufacture any object from, deal in, import into, or export from Namibia any tusk, horn, head, ear, trunk, skin, tail or foot or any part thereof, of any elephant or rhinoceros, or any part of any species or other specimen mentioned in Appendix I unless the action in question is authorised by a permit.2. Paragraph 1 does not apply to the possession of up to five items of worked ivory with a total weight of less than 1 kg for personal use only.3. Paragraph 1 does not apply to omakipa or other ivory carvings that are possessed or transferred in accordance with the customary law or the long-standing customs of any group of people indigenous to Namibia.4. Paragraph 1 does not authorise the sale of the items referred to in that paragraph to any person who does not possess that item in accordance with such customary law or custom.5. Subject to paragraph 7, no person may possess, deal in, import or export to or from Namibia any live mammal of the order carnivora, without a permit authorising the action in question.6. Subject to paragraph 7, no person may import or export to or from Namibia any specimen derived from a mammal of the order carnivora without a permit authorising the action in question.7. Paragraph 5 and 6 do not apply to any domesticated form of mammal of the order carnivora.

Schedule 2

[The official text of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and its Appendices can be found on the website of the official depository, which is the Swiss government:][<www.eda.admin.ch/eda/fr/dfae/politique-exterieure/droit-international-pu...(cites)/convention-sur-le-commerce-international-des-esp%C3%A8ces-de-faune-et-de-flore-sauvages-menacees-d-extinction.html>.][This links to the front page for the Convention, which is presented only in French. To find the original text of the Convention and the original Appendices in English, scroll to the heading heading "Texte original de la Convention" and click on "anglais" for the main text and "annexes (en)" for the appendices.]

TEXT OF CONVENTION

(Section 1)

The Contracting States,Recognizing that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come;Conscious of the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreational and economic points of view;Recognizing that peoples and States are and should be the best protectors of their own wild fauna and flora;Recognizing, in addition, that international co-operation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade; Convinced of the urgency of taking appropriate measures to this end; Have agreed as follows:[The paragraph above is reproduced as it appears in the Government Gazette. It is formatted differently in the official text of the Convention.]

Article I – Definitions

For the purpose of the present Convention, unless the context otherwise requires:(a)“Species” means any species, subspecies, or geographically separate population thereof;(b)“Specimen” means:(i)any animal or plant, whether alive or dead;(ii)in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and(iii)in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species;(c)“Trade” means export, re-export, import and introduction from the sea;(d)“Re-export” means export of any specimen that has previously been imported;(e)“Introduction from the sea” means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;(f)“Scientific Authority” means a national scientific authority designated in accordance with Article IX;(g)“Management Authority” means a national management authority designated in accordance with Article IX;(h)“Party” means a State for which the present Convention has entered into force.

Article II – Fundamental Principles

1. Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional circumstances.2. Appendix II shall include:(a)all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and(b)other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control.3. Appendix III shall include all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the co-operation of other Parties in the control of trade.4. The Parties shall not allow trade in specimens of species included in Appendices I, II and III except in accordance with the provisions of the present Convention.

Article III – Regulation of Trade in Specimens of Species Included in Appendix I

1. All trade in specimens of species included in Appendix I shall be in accordance with the provisions of this Article.2. The export of any specimen of a species included in Appendix I shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:(a)a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;(b)a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora;(c)a Management Authority of the State of export 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)a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen.3. The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate. An import permit shall only be granted when the following conditions have been met:(a)a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved;(b)a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and(c)a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.4. The re-export of any specimen of a species included in Appendix I shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:(a)a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention;(b)a Management Authority of the State of re-export 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(c)a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen.5. The introduction from the sea of any specimen of a species included in Appendix I shall require the prior grant of a certificate from a Management Authority of the State of introduction. Acertificate shall only be granted when the following conditions have been met:(a)a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved;(b)a Management Authority of the State of introduction is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and(c)a Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes.

Article IV – Regulation of Trade in Specimens of Species Included in Appendix II

1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:(a)a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;(b)a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and(c)a Management Authority of the State of export 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.3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate.5. The re-export of any specimen of a species included in Appendix II shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:(a)a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and(b)a Management Authority of the State of re-export 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.6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:(a)a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and(b)a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment.7. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods.

Article V – Regulation of Trade in Specimens of Species Included in Appendix III

1. All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article.2. The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:(a)a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and(b)a Management Authority of the State of export 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.3. The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.4. In the case of re-export, a certificate granted by the Management Authority of the State of re-export that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned.

Article VI – Permits and Certificates

1. Permits and certificates granted under the provisions of Articles III, IV, and V shall be in accordance with the provisions of this Article.2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted.3. Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority.4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon.5. A separate permit or certificate shall be required for each consignment of specimens.6. A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen.7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes “mark” means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as diffcult as possible.[The word “difficult” is misspelt in the Government Gazette, as reproduced above. It is spelt correctly in the official text of the Convention.]

Article VII – Exemptions and Other Special Provisions Relating to Trade

1. The provisions of Articles III, IV and V shall not apply to the transit or transhipment of specimens through or in the territory of a Party while the specimens remain in Customs control.2. Where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect.3. The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where:(a)in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or(b)in the case of specimens of species included in Appendix II:(i)they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred;(ii)they are being imported into the owner’s State of usual residence; and(iii)the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens; unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens.4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II.5. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived there from, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Article III, IV or V. VII6 VII6[The word “therefrom” should be written as one word. The numerals “VIII6 VIII6” do not appear in the official version of the Convention.)6. The provisions of Articles III, IV and V shall not apply to the non- commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant materials which carry a label issued or approved by a Management Authority.[The term “live plant material” is singular in the official text of the Convention.]7. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that:(a)the exporter or importer registers full details of such specimens with that Management Authority;(b)the specimens are in either of the categories specified in paragraph 2 or 5 of this Article; and(c)the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimize the risk of injury, damage to health or cruel treatment.

Article VIII – Measures to Be Taken by the Parties

1. The Parties shall take appropriate measures to enforce the provisions of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures:(a)to penalize trade in, or possession of, such specimens, or both; and(b)to provide for the confiscation or return to the State of export of such specimens.2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention.3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The Parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimize the risk of injury, damage to health or cruel treatment.4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article:(a)the specimen shall be entrusted to a Management Authority of the State of confiscation;(b)the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other place as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and(c)the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub-paragraph (b) of this paragraph, including the choice of a rescue centre or other place.[The word “subparagraph” in paragraph (c) appears without a hyphen in the official text of the Convention]5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated. VIII6 VIII6[The numerals “VIII6 VIII6” do not appear in the official version of the Convention.]6. Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover:(a)the names and addresses of exporters and importers; and(b)the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question. VIII7 VIII7[The numerals “VIII7 VIII7” do not appear in the official version of the Convention.]7. Each Party shall prepare periodic reports on its implementation of the present Convention and shall transmit to the Secretariat:(a)an annual report containing a summary of the information specified in subparagraph (b) of paragraph 6 of this Article; and[The word “subparagraph” in paragraph (a) appears without a hyphen in the official text of the Convention, as in the Government Gazette, even though this is inconsistent with other usages of the term in the official text.](b)a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention.8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned.

Article IX – Management and Scientific Authorities

1. Each Party shall designate for the purposes of the present Convention:(a)one or more Management Authorities competent to grant permits or certificates on behalf of that Party; and(b)one or more Scientific Authorities.2. A State depositing an instrument of ratification, acceptance, approval or accession shall at that time inform the Depositary Government of the name and address of the Management Authority authorized to communicate with other Parties and with the Secretariat.3. Any changes in the designations or authorizations under the provisions of this Article shall be communicated by the Party concerned to the Secretariat for transmission to all other Parties.4. Any Management Authority referred to in paragraph 2 of this Article shall, if so requested by the Secretariat or the Management Authority of another Party, communicate to it impression of stamps, seals or other devices used to authenticate permits or certificates.

Article X – Trade with States not Party to the Convention

Where export or re-export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party.

Article XI – Conference of the Parties

1. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention.2. Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise and extraordinary meetings at any time on the written request of at least one-third of the Parties.3. At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may:(a)make such provision as may be necessary to enable the Secretariat to carry out its duties, and adopt financial provisions;[Paragraph (a) as it appears here incorporates the Amendment to Article XI of the Convention made at Bonn (Germany) on 22 June 1979, which Namibia has accepted.](b)consider and adopt amendments to Appendices I and II in accordance with Article XV;(c)review the progress made towards the restoration and conservation of the species included in Appendices I, II and III;(d)receive and consider any reports presented by the Secretariat or by any Party; and(e)where appropriate, make recommendations for improving the effectiveness of the present Convention.4. At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article.5. At any meeting, the Parties may determine and adopt rules of procedure for the meeting.6. The United Nations, its Specialized Agencies and the International Atomic Energy Agency, as well as any State not a Party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote.7. Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one-third of the Parties present object:(a)international agencies or bodies, either governmental or non- governmental, and national governmental agencies and bodies; and(b)national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote.

Article XII – The Secretariat

1. Upon entry into force of the present Convention, a Secretariat shall be provided by the Executive Director of the United Nations Environment Programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-governmental or non-governmental international or national agencies and bodies technically qualified in protection, conservation and management of wild fauna and flora.2. The functions of the Secretariat shall be:(a)to arrange for and service meetings of the Parties;(b)to perform the functions entrusted to it under the provisions of Articles XV and XVI of the present Convention;(c)to undertake scientific and technical studies in accordance with programmes authorized by the Conference of the Parties as will contribute to the implementation of the present Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens;(d)to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention;(e)to invite the attention of the Parties to any matter pertaining to the aims of the present Convention;(f)to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices;(g)to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request;(h)to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature;(i)to perform any other function as may be entrusted to it by the Parties.

Article XIII – International Measures

1. When the Secretariat in the light of information received is satisfied that any species included in Appendix I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorized Management Authority of the Party or Parties concerned.2. When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the Party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorized by the Party.3. The information provided by the Party or resulting from any inquiry as specified in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate.

Article XIV – Effect on Domestic Legislation and International Conventions

1. The provisions of the present Convention shall in no way affect the right of Parties to adopt:(a)stricter domestic measures regarding the conditions for trade, taking, possession or transport of specimens of species included in Appendices I, II and III, or the complete prohibition thereof; or(b)domestic measures restricting or prohibiting trade, taking, possession or transport of species not included in Appendix I, II or III.2. The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Parties deriving from any treaty, convention, or international agreement relating to other aspects of trade, taking, possession or transport of specimens which is in force or subsequently may enter into force for any Party including any measure pertaining to the Customs, public health, veterinary or plant quarantine fields.3. The provisions of the present Convention shall in no way affect the provisions of, or the obligations deriving from, any treaty, convention or international agreement concluded or which may be concluded between States creating a union or regional trade agreement establishing or maintaining a common external Customs control and removing Customs control between the parties thereto insofar as they relate to trade among the States members of that union or agreement.4. A State party to the present Convention, which is also a party to any other treaty, convention or international agreement which is in force at the time of the coming into force of the present Convention and under the provisions of which protection is afforded to marine species included in Appendix II, shall be relieved of the obligations imposed on it under the provisions of the present Convention with respect to trade in specimens of species included in Appendix II that are taken by ships registered in that State and in accordance with the provisions of such other treaty, convention or international agreement.5. Notwithstanding the provisions of Articles III, IV and V, any export of a specimen taken in accordance with paragraph 4 of this Article shall only require a certificate from a Management Authority of the State of introduction to the effect that the specimen was taken in accordance with the provisions of the other treaty, convention or international agreement in question.6. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.

Article XV – Amendments to Appendices I and II

1. The following provisions shall apply in relation to amendments to Appendices I and II at meetings of the Conference of the Parties:(a)Any Party may propose an amendment to Appendix I or II for consideration at the next meeting. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. The Secretariat shall consult the other Parties and interested bodies on the amendment in accordance with the provisions of sub-paragraphs (b) and (c) of paragraph 2 of this Article and shall communicate the response to all Parties not later than 30 days before the meeting.(b)Amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes “Parties present and voting” means Parties present and casting an affrmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.[The word “affirmative” is misspelt in the Government Gazette, as reproduced above. It is spelt correctly in the official text of the Convention.](c)Amendments adopted at a meeting shall enter into force 90 days after that meeting for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.2. The following provisions shall apply in relation to amendments to Appendices I and II between meetings of the Conference of the Parties:(a)Any Party may propose an amendment to Appendix I or II for consideration between meetings by the postal procedures set forth in this paragraph.(b)For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult inter-governmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible.(c)For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations.(d)Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under sub-paragraph (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information.(e)The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible.(f)If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of sub-paragraph (e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.(g)If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of sub-paragraphs (h), (i) and (j) of this paragraph.(h)The Secretariat shall notify the Parties that notification of objection has been received.(i)Unless the Secretariat receives the votes for, against or in abstention from at least one-half of the Parties within 60 days of the date of notification under sub-paragraph (h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration.(j)Provided that votes are received from one-half of the Parties, the amendment shall be adopted by a two-thirds majority of Parties casting an affirmative or negative vote.(k)The Secretariat shall notify all Parties of the result of the vote.(l)If the proposed amendment is adopted it shall enter into force 90 days after the date of the notification by the Secretariat of its acceptance for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.3. During the period of 90 days provided for by sub-paragraph (c) of paragraph 1 or sub-paragraph (l) of paragraph 2 of this Article any Party may by notification in writing to the Depositary Government make a reservation with respect to the amendment. Until such reservation is withdrawn the Party shall be treated as a State not a Party to the present Convention with respect to trade in the species concerned.

Article XVI – Appendix III and Amendments thereto

1. Any Party may at any time submit to the Secretariat a list of species which it identifies as being sub ject to regulation within its jurisdiction for the purpose mentioned in paragraph 3 of Article II. Appendix III shall include the names of the Parties submitting the species for inclusion therein, the scientific names of the species so submitted, and any parts or derivatives of the animals or plants concerned that are specified in relation to the species for the purposes of sub-paragraph (b) of Article I.[The word “subject” should be written as one word, as it appears in the official text of the Convention.]2. Each list submitted under the provisions of paragraph 1 of this Article shall be communicated to the Parties by the Secretariat as soon as possible after receiving it. The list shall take effect as part of Appendix III 90 days after the date of such communication. At any time after the communication of such list, any Party may by notification in writing to the Depositary Government enter a reservation with respect to any species or any parts or derivatives, and until such reservation is withdrawn, the State shall be treated as a State not a Party to the present Convention with respect to trade in the species or part or derivative concerned.3. A Party which has submitted a species for inclusion in Appendix III may withdraw it at any time by notification to the Secretariat which shall communicate the withdrawal to all Parties. The withdrawal shall take effect 30 days after the date of such communication.4. Any Party submitting a list under the provisions of paragraph 1 of this Article shall submit to the Secretariat a copy of all domestic laws and regulations applicable to the protection of such species, together with any interpretations which the Party may deem appropriate or the Secretariat may request. The Party shall, for as long as the species in question is included in Appendix III, submit any amendments of such laws and regulations or any interpretations as they are adopted.

Article XVII – Amendment of the Convention

1. An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one-third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes “Parties present and voting” means Parties present and casting an affrmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.[The word “affirmative” is misspelt in the Government Gazette, as reproduced above. It is spelt correctly in the official text of the Convention.]2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting.3. An amendment shall enter into force for the Parties which have accepted it 60 days after two-thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment.

Article XVIII – Resolution of Disputes

1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be sub ject to negotiation between the Parties involved in the dispute.[The word “subject” should be written as one word, as it appears in the official text of the Convention.]2. If the dispute can not be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision.[The term “can not” appears as one word in the official text of the Convention.]

Article XIX – Signature

The present Convention shall be open for signature at Washington until 30th April 1973 and thereafter at Berne until 31st December 1974.

Article XX – Ratification, Acceptance, Approval

The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation which shall be the Depositary Government.

Article XXI – Accession

The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.[Note that Namibia is not a party to the amendments to Article XXI agreed upon by the Parties to CITES at the second extraordinary meeting in Gaborone, Botswana, on 30 April 1983.]

Article XXII – Entry into Force

1. The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.2. For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article XXIII – Reservations

1. The provisions of the present Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Articles XV and XVI.2. Any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to:(a)any species included in Appendix I, II or III; or(b)any parts or derivatives specified in relation to a species included in Appendix III.3. Until a Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a Party to the present Convention with respect to trade in the particular species or parts or derivatives specified in such reservation.

Article XXIV – Denunciation

Any Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.

Article XXV – Depositary

1. The original of the present Convention, in the Chinese , English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.3. As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Convention.Done at Washington this third day of March, One Thousand Nine Hundred and Seventy-three.

Schedule 3

APPENDICES TO CONVENTION

[Schedule 3 is substituted by GN 94/2017.][Note that the Appendices to CITES can be, and regularly are, amended by "the Conference of the Parties" under Articles XV and XVI of the Convention, and the amendments enter into force automatically for all parties.][However, section 11(1) of this Act states: “Whenever Appendices I, II or III is amended [sic], the Minister must by notice in the Gazette amend Schedule 3 accordingly.” In addition, section 1(3)(c) of this Act states: “Any provision of this Act is construed with reference to the Convention and any provision of the Convention is deemed to be part of this Act and for that purpose … (c) a species is deemed to be included in an Appendix only if it appears in the relevant column of Schedule 3 and also subject to such further qualifications as set out in the relevant entry or such further notes as may appear in that Schedule.”][The version of the Appendices on the CITES website <www.cites.org/eng/app/appendices.php> is updated regularly to include the latest amendments to the CITES Appendices in a convenient table format, which differs from the original text of the Convention and its amendments. The table format from the CITES website has been copied in the Government Gazette and is is presented below as it appears in the Government Gazette.]

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