cites dan mekanisme kawalan untuk pegawai kastam … seminar on cites...2 3 apa itu cites? cites –...
TRANSCRIPT
1
CITES DAN MEKANISME KAWALAN
Untuk Pegawai Kastam Diraja Malaysia
OLEH KARTINI BINTI KARIM
KEMENTERIAN SUMBER ASLI DAN ALAM SEKITAR
1
2
2
3
APA ITU CITES?
CITES – Convention on International Trade in Endangered Species
of Wild Fauna and Flora
CITES ditandatangani di Washington pada 3 Mac 1975
Malaysia mendeposit surat cara pada 20 Oktober 1977.
Konvensyen mula berkuat kuasa ke atas Malaysia mulai 18 Januari 1978.
Malaysia menggubal mekanisme kawalan berbentuk perundangan melalui
Akta 686 yang berkuat kuasa mulai 28 Disember 2009.
4
3
APA ITU AKTA 686?
Akta Perdagangan Antarabangsa Mengenai Spesies Terancam 2008 [Akta
686] dan turut dikenali sebagai INTESA
Keterangan lanjut akan diberikan oleh Pegawai Undang-Undang NRE
dalam segmen seterusnya
Di bawah Seksyen 3 Akta 686,
―enforcement officer” means—
(a) an enforcement officer specified in the first column of the Second Schedule;
(b) any police officer not below the rank of Inspector, including an inspector on probation; or
(c) any officer of customs as defined in section 2 of the customs Act 1967;
5
CITES DAN KEPENTINGANNYA
CITES is acknowledged as one of
the most successful international
environmental treaties in the
world.
CITES is not just a conservation
treaty, it is also a trade instrument
that attempts to strike a balance
between these often competing
values.
Trade
Conservation
6
4
CITES DAN TUJUANNYA
The purpose is to protect wild
fauna and flora for current and
future generations.
Wild fauna and flora are described
as an irreplaceable part of the
natural systems of the earth and
as being valuable from aesthetic,
scientific, cultural, recreational
and economic points of view.
7
BAGAIMANA CITES
LAKUKANNYA?
CITES establishes
international
co-operationfor the protection of
certain species from
over-exploitation
through
international trade.
The purpose of adopting the convention was not only to avoid
aggravation of an ecological problem, but also to prevent a penalisation
of countries with stricter ecological legislation.
175 contracting parties
8
5
Apakah spesies kawalan
CITES?
+ 5,000 spesies fauna dan
28,000 spesies flora yang
dilindungi CITES daripada
over-exploitation through
international trade.
Dikelaskan dalam 3 Lampiran
atau 3 Appendices.
Ringkasnya, seperti ini:
SEMUA bahagian,
terbitan sama ada
hidup atau mati*
9
Apakah mekanisme
kawalan CITES?
PERMIT IMPORT
PERMIT EKSPORT
SIJIL RE-EKSPORT
dll
1
2
10
6
Stamp CITES and
authorised signatories
Export Permit Ticked
11
Sample of a
fake permit
Stamp CITES and
authorised signatories
Export Permit Ticked
12
7
Antara Peranan
Kastam
3
13
• Block 14 is completed
by the last officer in
charge at the exit
point.
• Enter the quantities of
specimens actually
exported or re-
exported.
• Strike out the unused
blocks.
14
8
Another sample of CITES Permits/ Certificates15
Peranan Kastam dalam konteks
CITES
The role of Customs officers, or border control officers, in the
CITES process is to conduct documentary and physical inspections,
to check the validity of the documents submitted, and to ensure that
they correspond to the actual goods.
Customs officers also combat fraud and check compliance with
prohibition and restriction measures, collect duties and taxes.
Customs officers also help inform the public about conservation
measures in place for fauna and flora.
16
9
Info
rmatio
n o
n a
typ
ical
CIT
ES
Perm
it/ C
ertificate
Name and logo of the Convention
Unique number
Document type
Period of validity
Exporter’s address
Exporter’s signature
Exporter’s address
Management Authority’s address
Purpose of trade
Species name
Specimen type
Appendix listing
Source
Quantity/units
Quota and exports to date
Number of the breeding operation (as appropriate)
If a re-export, the original country of export and the export permit number
and date of issuance, and the same for the country of last re-export
Date of acquisition (for pre-Convention)
Place and date of issuance
Signature and stamp of the Management Authority
Security stamp and number (as appropriate)
Waybill number
Port of export
Date of export
Export endorsement (specimen count)
Export endorsement signature (usually Customs or last official at point of
exit)
Stamp of the inspection authority17
SOP untuk rujukan Kastam secara kasar…
Step 1: General Verification
• Written in English, French or Spanish or,
translated into one of these languages?
• Original document or authorised copy?
• If modifications, are they authenticated?
Detain and contact
the appropriate
authority[Document is incomplete,
falsified or counterfeit]
NO
YE
S
Step 2: Verify Content of Permit
• Permit type indicated?
• Permit number indicated and
corresponding to the one at the bottom?
• Validity date specified and not expired?
Detain and contact
the appropriate
authority[Document is incomplete,
falsified or counterfeit]
NO
YE
S18
10
• Importer information complete?
• Import country name indicated in full?
• Exporter information complete?
• If special conditions indicated, are they
respected?
• CITES transaction code indicated?
• CITES security stamp number indicated
(if affixed)?
• Management authority information
complete?
Detain and contact
the appropriate
authority[Document is incomplete,
falsified or counterfeit]
NO
• Complete and detailed specimen
information?
• Physical inspection confirms that the
shipment corresponds to permit
information?
Detain and contact
the appropriate
authority[Document is incomplete,
falsified or counterfeit]
NO
YE
SY
ES19
• Management Authority information
complete, including signature and seal
(and security stamp, if used)?
• If security stamp is affixed, its number
corresponds with box 5a?
• For IMPORTS:
• Customs endorsement at the time of
export, eg. Date of inspection,
signature and Custom’s seal?
Detain and contact
the appropriate
authority[Document is incomplete,
falsified or counterfeit]
NO
YE
S
Step 3: Validate Permit
20
11
Step 3: Validate Permit
• Date, stamp and sign permit.
• Cross-reference to accounting
documentation
• Retain and forward the original
permit to the Management
Authority
YE
S
• Complete the endorsement box
(quantity of specimens, unused
boxes crossed out, place, date,
signature and seal)
• Retain and forward a copy of the
permit the Management Authority
For EXPORTSFor IMPORTS
YE
S
Step 4: Release Shipment
STILL having problem(s), contact the appropriate Management Authority as
written on the permit/ certificate.21
TIPS AND
POINTERS?
22
12
Special Conditions…
• In its Article VII, the Convention allows or requires Parties to make certain
exceptions to the general provisions of the Convention.
• This situation can result in exemptions to the normal procedures in which no
CITES documentation is required, or in special procedures in which trade is
regulated but the specimens are subject to the provisions of an Appendix
different to the one in which it is listed, or documents other than the normal
CITES documentation are required.
http://www.nre.gov.my/Biodiversity/Publication/CITES%20PERMITS%20EXEMPTIONS.pdf23
Special Conditions…
Specimens in transit or transhipment
• ―Specimens in transit or transhipment‖ refers only to specimens that remain under
the control of Customs, that are in the process of shipment to a named
consignee through or in the territory of a third Party, or for which interruption
in their movement stems only from arrangements necessitated by the
requirements of transport. In these cases, the normal provisions of CITES do not
apply.
• The Parties nevertheless recommend that if national legislation allows, authorities
should verify the presence of valid CITES documents and seize or confiscate
specimens without valid documentation. If seizure or confiscation is not possible,
shipment details should be sent to the country of final destination, to other countries of
transhipment and to the CITES Secretariat. These procedures should also apply if the
country of origin or country of final destination is a non-Party. Section 13, Act 686
therefore applies to it.24
13
Special Conditions…
Pre-Convention specimens
• The normal provisions do not apply to traded specimens if they were acquired before
the Convention applied to them (that is, the date on which the species was first
included in the Appendices).
• If the Management Authority is satisfied that this is the case, it can issue a certificate to
that effect (a pre-Convention certificate).
• It is up to the Management Authority to decide whether to issue a pre-Convention
certificate
25
Special Conditions…Personal or household effects
• ―Personal or household effects‖ refers to specimens that are personally owned or possessed for
noncommercial purposes, legally acquired, and at the time of import, export or re-export either
are worn or carried or included in personal baggage or are part of a household move.
• Personal effect exemptions do not apply to live specimens; these still require permits. Some
countries have adopted stricter domestic measures and do not allow exemptions for personal
effects.
• The exemption for specimens that are personal or household effects is the only true exemption in
which no CITES documentation is required for specimens of species included in the Appendices.
• However, the exemption does not apply to all situations in which a person is returning to his
State of usual residence with a CITES specimen for personal use. Specifically, the exemption
does not apply to Appendix I specimens when they are obtained in a State other than the
owner’s State of usual residence (these are considered imports).
26
14
Special Conditions…
• The exemption also does not apply to Appendix II specimens:
• when the specimen was removed from the wild in a State that is not the person’s State
of usual residence;
• when the specimen is being imported into the owner’s State of usual residence; and
• when the State where removal from the wild occurred requires the issuance of an
export permit before export
(in these cases an export permit is required).
• The term tourist souvenir specimen applies only to personal and household
effects acquired outside a person’s State of usual residence; it does not apply to
live specimens.
• Tourist souvenir specimens of species listed in Appendix I should not be
exempted from the usual CITES provisions for Appendix I species.
27
Special Conditions…
Exchange between registered scientific institutions
• The Convention provides for the possibility of exempting the donation or exchange of
certain types of scientific material from the usual provisions, if such specimens are
being transferred between scientists or scientific institutions registered by a
Management Authority of their State.
• This exemption applies only to herbarium specimens, live plant material, and
preserved, dried or embedded museum specimens.
• The container in which the specimens are shipped should carry a label indicating the
type of specimens, the name and address of the exporting institution, and the
codes of the exporting and importing institution.
28
15
Special Conditions…
Travelling exhibitions
• The Parties use a system of special travelling exhibition certificates with a validity
of three years and suited for multiple use for pre-Convention or captive-bred
specimens.
• Of the other conditions, the most important is that the specimens be marked or otherwise
easily identifiable
29
Some insights of wildlife
trafficking routes...
30
16
31
Reference points:
www.cites.org
OR/ AND
http://www.nre.gov.my/Biodiversity/Pages/default.
aspx
Then, Click CITES logo and
Go to ABOUT CITES
32
17
Quick References:
On CITES e-Learning go to:
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_%20Briefcase-05_Fur_Bobcats.pdf
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-08_Artificiallpropagated_vs_wildharvest.pdf
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-09_Precious_Corals.pdf
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-10_Tortoiseshell_Identification.pdf
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-11_Snake_skin_Identification.pdf
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Briefcase-12_Ivory_Identification.pdf
33
Quick References:
On CITES e-Learning go to:
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Brie
fcase-16_Chameleons_Identification.pdf
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Brie
fcase-17_Crocodile_Identification.pdf
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Brie
fcase-19_Orchids_hybrid_treatment.pdf
http://www.nre.gov.my/Biodiversity/BioD%20Knowledge/CITES_Brie
fcase-20_Giant_clams.pdf
34
18
Quick References:
CITES Secretariat
Capacity Building Unit
International Environment House
Chemin des Anémones
CH-1219 Châtelaine, Geneva, Switzerland
Tel.: (+4122) 917-8139/40
Fax: (+4122) 797-3417
E-mail: [email protected]
3-hour interactive, computer-based training course
for Customs officers contact:
35