| Memorandum of understanding between the General Secretariat of
ICPO-Interpol and the Secretariat of the Convention on International Trade in
Endangered Species of wild fauna and flora (CITES) |
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Printable version
RECOGNIZING that offences against a nation's criminal legislation, particularly
the illegal trafficking in endangered species of wild fauna an flora included
in the CITES appendices, are prejudicial to the planet's natural heritage and
to the economic interests of States;
RECOGNIZING also that international co-operation is essential to protect endangered
species of wild fauna and flora;
RECOGNIZING that INTERPOL is responsible for providing and developing the widest
possible mutual assistance between all the criminal police authorities within
the limits of the laws existing in the different countries and in the spirit
of the Universal Declaration of Human Rights,
NOTING that the increase in illegal trafficking of endangered species of wild
fauna and flora included in the CITES appendices necessitates that Police authorities
intensify their surveillance and enforcement measures;
NOTING that the 45th session of the General Assembly of ICPO-Interpol urged
the National Central Bureaus to assist in cases involving illegal trafficking
in specimens of wild fauna and flora, by either taking enforcement action or,
where appropriate, asking other authorities to intervene;
NOTING that in July 1988, the CITES Secretariat, in co-operation with ICPO-Interpol,
prepared and distributed to CITES Parties and NCBs a booklet on the collaboration
by CITES Management Authorities with NCBs; in 1998 this booklet was updated
by the Interpol Subgroup on Wildlife Crime and distributed as previously mentioned,
NOTING that the 62nd session of the General Assembly (1993) of ICPO-Interpol
recommended that the members of ICPO-Interpol urge their governments to do their
utmost to ensure that measures are taken to control the illegal wildlife trade;
NOTING that the first meeting of the ICPO-Interpol Sub-Group on Wildlife Crime
took place in February 1994 and recommended that among the main objectives of
the Sub-Group should be the dissemination of information on illegal wildlife
trade and the making of appropriate recommendations to the CITES Secretariat
and to bodies responsible for the enforcement of laws for the protection of
wild fauna and flora;
NOTING that the ICPO-Interpol Working Party on Environmental Crime, at its
second meeting, in Lyon in May 1994, recommended, among other things, that a
Memorandum of Understanding should be developed between ICPO-Interpol and the
CITES Secretariat, and that on several occasions the Sub-Group on Wildlife Crime
has urged that such a document should be signed as soon as possible;
AWARE that in February 1996 the Secretariats of ICPO-Interpol and CITES, through
an exchange of letters, established a procedure for co-operation between them;
AWARE that in March 1997 the CITES Secretariat urged Management Authorities
of Parties to use the ECOMESSAGE format designed by ICPO-Interpol to inform
the CITES Secretariat of all infractions against the Convention and advised
that the form would be used to allow an interchange of information between enforcement
agencies;
TAKING account of Resolution Conf. 9.8 (Rev.), adopted at the ninth meeting
of the Conference of the Parties (Fort Lauderdale, United States of America)
and amended at the tenth meeting (Harare, Zimbabwe, June 1997), which directs
the CITES Secretariat to pursue closer international liaison between the Convention's
institutions, national enforcement agencies, and existing intergovernmental
bodies, particularly the World Customs Organization and ICPO-Interpol;
BELIEVING that increased co-operation between nature conservation authorities
and Police authorities will increase the effectiveness of implementation and
enforcement of the Convention;
ICPO-INTERPOL AND THE CITES SECRETARIAT have agreed as follows:
- In order to strengthen the co-operation between them, the ICPO-Interpol
General Secretariat and the CITES Secretariat will send each other general
information of common interest.
- The two Secretariats will invite each other as observers to meetings of
common interest that they organize.
- To combat the illicit trafficking in species listed in the CITES appendices,
the two Secretariats will jointly draft and implement, each in its own field
of competence, measures to improve collaboration, co-operation and information
exchange between Police authorities and CITES Management Authorities.
- The CITES Secretariat will provide ICPO-Interpol with information to help
the Police better understand the importance of issues related to the trade
in fauna and flora and the implementation of the Convention.
- The ICPO-Interpol Secretariat will provide the CITES Secretariat with information
to give nature conservation authorities a better understanding of Police services'
tasks and their problems.
- The two Secretariats will jointly devise publications and other promotional
material to raise the awareness of and inform the services responsible for
combating wildlife crime.
- The two Secretariats will jointly devise training materials on combating
wildlife crime and will, within the limits of their respective resources,
organize joint training activities for Police and other enforcement officers,
or participate in relevant training seminars for enforcement personnel.
- The CITES Secretariat will send the General Secretariat of ICPO-Interpol
all the information and intelligence relating to infractions against the Convention
in its possession that it considers appropriate to send. Upon receipt of the
information, the specialized officers at the General Secretariat will exploit
it and, if necessary, communicate it to relevant NCBs. The CITES Secretariat's
Enforcement Assistance Unit reserves the right to communicate information
solely for the use of the General Secretariat of ICPO-Interpol that must not
be released to NCBs or other agencies without the prior approval of the CITES
Secretariat.
- The General Secretariat of ICPO-Interpol will work in close co-operation
with the CITES Secretariat to disseminate to the relevant enforcement authorities
general information on the trafficking, taking and trade in specimens of CITES-listed
species of wild fauna and flora and, when considered appropriate and with
the prior approval of the NCBs concerned, will communicate to the CITES Secretariat
information on violations of national laws for the implementation of the Convention,
including any final results of investigations into such violations.
- Any information received by the CITES Secretariat from ICPO-Interpol will
be processed and stored by its Enforcement Assistance Unit and will be treated
as strictly confidential. Such information will not be released to any person
or organization without the prior approval of the General Secretariat of ICPO-Interpol.
- The General Secretariat of ICPO-Interpol may seek information from the intelligence
database maintained by the CITES Secretariat's Enforcement Assistance Unit
but may not release any information obtained without consent.
- The General Secretariat of ICPO-Interpol will assist, where appropriate
and within the limits of its resources, in the collection and communication
to the CITES Secretariat of data relating to specific areas of wildlife crime,
to enable better targeting of enforcement efforts and the dissemination of
intelligence.
- The CITES Secretariat will assist, where appropriate and within the limits
of its resources, in the collection and communication to the General Secretariat
of ICPO-Interpol of data relating to specific areas of wildlife crime, to
enable better targeting of enforcement efforts, to support the work of ICPO-Interpol's
Crime Analysis Section, the work of the Sub-Group on Wildlife Crime and the
general dissemination of intelligence.
- Each organization will nominate a contact person who will be responsible
for liaison between the Secretariats and who will assure implementation of
this Memorandum of Understanding.
The two Secretariats resolve that nothing in this Memorandum of Understanding
will exclude any act done in the best interests of the enforcement of the Convention
on International Trade in Endangered Species of Wild Fauna and Flora or of the
principles of the International Criminal Police Organization (Interpol), if
authorized by the Secretaries General of CITES and ICPO-Interpol, and neither
shall it be interpreted to alter the rules and procedures of either body. This
Memorandum may be revoked by either signatory organization by giving three months'
notice to the other in writing.
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Signed:
Reuben Olembo
Interim Secretary General l
CITES
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Signed:
R.E. Kendall, Q.P.M., M.A
Secretary Genera
ICPO-Interpol
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| Date: 15 October 1998 |
Date: 15 October 1998
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