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All content in this area was uploaded by James Wingard on Oct 16, 2023
Content may be subject to copyright.
MODEL
INTERNATIONAL
AGREEMENT ON
REPATRIATION OF
TRAFFICKED
LIVE WILD ANIMALS
2023
I M P L E M E N T I N G
G U I D E L I N E S
Copyright
© 2023, Legal Atlas, LLC.
Legal Atlas encourages the use, reproduction, and dissemination
of this publication. Material may be copied, downloaded, and
printed for private study, research, and for use in non-commercial
products or services, provided that appropriate acknowledgement
of Legal Atlas as the source and copyright holder is given and that
Legal Atlas’s endorsement of users’ views, products or services is
not implied in any way. Material may also be altered, completed,
and adapted to specific jurisdictions engaged in treaty negotiations
and treaty drafting.
About the Confiscated Animals – Rescue & Enforcement
project:
This publication is part of the Confiscated Animals – Rescue and
Enforcement (CARE) project, an initiative made possible by the
support of the US Department of State, Bureau of International
Narcotics and Law Enforcement Affairs (INL). The project,
developed by the International Fund for Animal Welfare, operates in
partnership with Jakarta Animal Aid Network, the Jane Goodall
Institute and Legal Atlas.
Authors
Maria Pascual, Legal Atlas
James R. Wingard, Legal Atlas
Reviewers
Loïs Lelanchon, IFAW
Carole Mercier, IFAW
Disclaimer
This project was funded by a grant from the United States
Department of State. The opinions, findings and conclusions stated
herein are those of the authors and do not necessarily reflect those
of the United States Department of State.
Model International Agreement on Repatriation of Trafficked Live Wild Animals
Implementing Guidelines
CONTENT
INTRODUCTION TO IMPLEMENTING GUIDELINES _____________________ 1
Scope of the Agreement ______________________________________ 1
Why is this agreement necessary? ______________________________ 1
Who are the intended users of this Agreement? __________________ 2
How was this agreement developed? ___________________________ 2
PROCEDURAL CONSIDERATIONS ____________________________________ 2
Number of Parties ____________________________________________ 2
Agreement Name ____________________________________________ 2
Signature and Ratification _____________________________________ 3
Further Agreements or Actions _________________________________ 3
Amendments ________________________________________________ 3
EXPLANATORY NOTES ______________________________________________ 3
Part I. General Provisions _________________________________ 4
Part II. Repatriation Procedures ____________________________ 5
Part III. Institutional Arrangements __________________________ 5
Part IV. Other Agreements and National Law _________________ 6
Part V. Final Provisions ____________________________________ 6
ANNEX – MODEL INTERNATIONAL AGREEMENT _______________________ 7
Model International Agreement on Repatriation of Trafficked Live Wild Animals
Implementing Guidelines 1
INTRODUCTION TO IMPLEMENTING GUIDELINES
A Model International Agreement on Repatriation of Trafficked Live Wild Animals has
been developed as a legal resource for the international community engaged in
implementing Article VIII of CITES and facing the challenge of growing animal seizures
and confiscations as enforcement against wildlife trafficking increases. The model
legislation can be found in the Annex to this document, which act as an accompanying
resource providing explanatory notes for the interpretation and application of some of
the key provisions of the Agreement.
Scope of the Agreement
The Agreement covers arrangements related to live specimens of wild fauna that
originated within one Party’s territory but entered into custodial management of the
other/another Party as a result of a trafficking enforcement operation. The Agreement
covers the referenced situation independent of the legal status of the animals as seized
or confiscated specimens.
The Agreement should be distinguished from the larger conservation discussion around
the release to nature, which refers more broadly to the release of specimens to the wild.
In that larger context, the release to nature is considered an important tool to decrease
extinction risk for imperiled species. While the release of animals into the wild of the
country of origin is a potential outcome of the application of this Agreement, its terms
are focused principally on the mechanisms to return wildlife to authorities of the country
of origin and to recognize their legal rights to decide their fate.
The Agreement also encompasses procedures for the collaboration between Parties on
investigation and prosecution of wildlife trafficking, but it does not extend the rights of
repatriation to the means of the crime or proceeds also being seized or confiscated.
Why is this agreement necessary?
Along with the dramatic increase in illegal wildlife trade in recent years has come an
increase in confiscations associated with enforcement actions. ‘With increasingly
frequent confiscations and often high numbers of individuals involved, it is important
that best practice management approaches are followed to maximize the conservation
role and the individual welfare of confiscated specimens.’1
Recognizing that one potential course of action is the return of wildlife to the country of
origin, this Agreement is intended to provide a legal foundation for the coordination of
such efforts between countries. Repatriation is more likely to occur when there are legal
mechanisms in place between the jurisdictions involved because without established
procedures, the speed and coordination required to successfully transfer animals
internationally may be compromised.
1 IUCN (2019). Guidelines for the management of confiscated, live organisms. Gland, Switzerland: IUCN. iv + 38 pp.
Model International Agreement on Repatriation of Trafficked Live Wild Animals
Implementing Guidelines 2
Who are the intended users of this Agreement?
The intended users of this Agreement include those countries sharing wildlife trafficking
routes in the different roles of source, transit and/or consumer country and facing the
challenge of managing increasing seizures and confiscations of live animals of foreign
origin. This can include bordering countries, but also distant countries located in
different continents, where enforcement and investigations have revealed trafficking
routes that connect them.
How was this agreement developed?
This Model Agreement has been developed in the context of a larger project entitled
Confiscated Animals – Rescue and Enforcement Project (CARE) with funding from the
United States Bureau of International Narcotics and Law Enforcement (INL). The CARE
project seeks to improve governments’ capacity to interdict illegal wildlife and to handle
confiscated live animals, such that their evidentiary value is maintained, and they are
kept in a humane and healthy manner.
This Model Agreement is one part of that effort and was initially prepared by Legal Atlas,
as the lead organization developing national and international legal best practices for
the topic, with direct supervision provided by the International Fund for Animal Welfare
(IFAW), and direct input from Jakarta Animal Aid Network and the Jane Goodall Institute.
PROCEDURAL CONSIDERATIONS
Number of Parties
International agreements are formal understandings or commitments between two or
more countries. An agreement between two countries is called “bilateral,” while an
agreement between several countries is “multilateral.” As indicated in its Preamble, this
proposed Model Agreement may be used as either a bilateral or multilateral instrument.
Agreement Name
While labeled an ‘Agreement,’ there is no special meaning associated with the use of
the term. Under international law, a treaty is “an international agreement concluded
between States in written form and governed by international law, whether embodied in
a single instrument or in two or more related instruments and whatever its particular
designation.” 2 A treaty can be called a Convention, a Protocol, a Pact, an Accord, etc.
It is the content of the agreement, not its name, which makes it a treaty and States
considering using this model legislation should agree on the designation that best fits
their legal systems.
2 Vienna Convention on The Law of Treaties, 1969 (Article 2. Use of Terms)
Model International Agreement on Repatriation of Trafficked Live Wild Animals
Implementing Guidelines 3
Signature and Ratification
This Agreement may be negotiated by two or more countries. After negotiations are
concluded, the Agreement should be signed by representatives of the governments
involved. However, the terms of this Agreement do not specify whether ratification is
required after signing for it to become legally binding. This is because ratification
requirements and procedures vary from country to country, preventing the inclusion of
a model approach to ratification.
Further Agreements or Actions
Unless a treaty contains provisions for further agreements or actions, only the treaty
text is legally binding. The Convention on International Trade in Endangered Species
(CITES), for example, requires States to approve implementing legislation. Further
agreements reached at review conferences, summits, or meetings of the parties are
politically, but not legally binding.3
This Agreement does not have provisions concerning such further agreements,
although Part IV. Other Agreements and National Law encourages parties to conform
existing treaties and national laws to the terms of the Agreement, as may be required.
Amendments
Generally, an amendment to a treaty is only binding on the states that have signed and
ratified the amendment. This is a concern when there are more than two parties to an
agreement, opening the possibility for negotiated changes that not all parties agree with.
EXPLANATORY NOTES
These Explanatory Notes are intended to assist the reader of the Model Agreement and
to help inform debate on its adoption and use. In doing so, they are best read together
with text of the Model Agreement, although they do not form part of the Agreement
itself. They are not intended to be a comprehensive description of each provision in the
Agreement, as some provisions are considered self-explanatory. For the selected
provisions, they clarify what they mean in practice, provide background information on
the development of policy, or commentary regarding areas where the Model Agreement
may affect existing legislation.
Explanatory notes follow the same structure of the Agreement, which is organized in 5
parts and 14 articles.
3 An example of a treaty that does have provisions for further binding agreements is the UN Charter. By signing and
ratifying the Charter, countries agreed to be legally bound by resolutions passed by UN bodies such as the General
Assembly and the Security Council. Thus, UN resolutions are legally binding on UN Member States, and no signature or
ratification is necessary.
§
Model International Agreement on Repatriation of Trafficked Live Wild Animals
Implementing Guidelines 4
Part I. General Provisions
Article 2. Interpretation
The definitions section provides a minimum set of terms intended to harmonize the
interpretation of critical terms used in the Agreement covering the parties and other
participants, primary subject matter, key procedures, and practices.
While the definitions are intended to clarify terms used in the Agreement itself, such
definitions may not be compatible with terms contained in provisions contained in
national law. Compatibility may depend on several factors including, inter alia, how such
agreements are recognized under national law, whether they present any potential
conflicts with defined terms in national law, and whether they overlap with existing
procedures and practices.
Users may adapt terms and add additional terms that are specific to their needs if not
yet listed.
Article 3. Scope
The agreement proposes a wide scope to the subject and includes all wildlife species,
all seizures and confiscation points, and all related activities. In doing so, it creates an
umbrella to harmonize procedures in many different situations. By including all species,
and not only CITES-listed species, or nationally protected species, it aligns with
ownership rights defined by Parties, which are traditionally expressed over wildlife in
general, and not over a limited number of species. Also, although transboundary wildlife
trafficking cases are the primary focus of the agreement, the scope extends to seizures
and confiscations made at any point within national borders, noting that interception
can occur while animals are being transported by road, traded in markets, or kept in
captivity in private facilities. Finally, the scope extends beyond the repatriation logistics
to include all connected activities in other areas such as animal care, quarantine, or
criminal investigations with the intention of creating a holistic approach when dealing
with the management of seized and confiscated animals.
While broad, this article also takes care to limit the scope, as already mentioned in the
introductory section, to the rights and responsibilities associated with the return of
seized and confiscated live wildlife to the country of origin or country of export and
expressly excludes the treatment of means and proceeds of crimes that may be
seized/confiscated along with the animals, including vehicles, weapons, cash, etc. This
is because these other types of seizures and confiscations tend to already be regulated
by criminal and criminal procedure legislation, obviating the need for further treatment
under this Agreement.
Article 4. Fundamental Principles
The Agreement has been drafted balancing four guiding principles, with the aim of
creating procedures at the intersection of all of them. Solutions cannot be optimal if
property rights over wildlife are not respected, animal welfare is compromised, crime is
not prosecuted, or conservation needs are overlooked.
Parties may add additional guiding principles that meet their mutual needs and interests.
Model International Agreement on Repatriation of Trafficked Live Wild Animals
Implementing Guidelines 5
Part II. Repatriation Procedures
Article 5. Obligations of the Confiscating Party
This article contains a list of seven core commitments for the Confiscating Party
organized based on a sequence of events from the moment an animal of foreign origin
is seized or confiscated to the public communication effort to discourage future
trafficking. When possible, commitments are tied to deadlines to ensure speedy
processes. Those proposed timelines may be revised based on the available capacities
of the Parties.
Obligations for the Confiscating Party are aligned with and further develop existing
obligations from CITES Article VIII. They include responsibilities related to notification,
financing, and prosecution, among others.
Article 6. Obligations of the Party of Origin
Mirroring the prior article, this one list six commitments for the Party of Origin, with two
of them common to those of the Confiscating Party. The common obligations are those
related to sharing criminal evidence and to engaging in public communications, both
directed at cooperation on tackling and deterring wildlife trafficking.
The core obligation for the Party of Origin relates to the elaboration of a sound
repatriation plan demonstrating that: i) there is no risk that animals will reenter illegal
trade, ii) welfare and conservation standards will be observed, and iii) a financial plan is
in place to cover associated costs. The provision contains details regarding the sections
that should be covered in the plan. Furthermore, it establishes a deadline to guarantee
confiscating authorities do not carry an unnecessary burden if there is a delayed or no
response from the other Party.
Part III. Institutional Arrangements
Article 7. Wildlife Focal Point
International treaties usually appoint entities from each signatory state to act as the
focal point and leading implementation agency for the new legal obligations. In pursuit
of the necessary balance between the need to care for and manage animals and the
need to prosecute crime, this agreement requires two different agencies be appointed
by each Party for that role. This is intended to ensure that the necessary expertise and
legal mandates support such activities.
This first provision focuses appointing the agencies with wildlife expertise to cover key
listed functions specifically related to the handling of animals.
Article 8. Crime Focal Point
Complementing the prior provision, this article focuses on the appointment of an
Agreement focal point. Such focal points should be those agencies with specific
competencies over criminal investigations with the aim of easing collaboration in the
investigation and prosecution of wildlife crimes. Considering that criminal investigations
involve the handling of confidential and sensitive case information, it is necessary that
Model International Agreement on Repatriation of Trafficked Live Wild Animals
Implementing Guidelines 6
law enforcement agencies have the legal authority to coordinate directly with their
foreign counterparts and exchange confidential information.
Article 9. Technical Assistance Committee
Understanding that wildlife seizures and confiscations must be managed on a case-by-
case basis because of the unique circumstances they present, this provision regulates
the possibility for signatory states to create an expert advisory body. A Technical
Assistance Committee should be able to support agencies acting as focal points with
scientific information to guide decisions on animal health, transportation, care protocols
and other relevant aspects.
Parties may further develop this article to specify which agencies or experts would
participate from each Party, and to also appoint a focal point for the Committee. Entities
may include governmental agencies such as CITES- Scientific Authorities and also non-
governmental organizations such as sanctuaries, rescue centers, zoos, veterinary
clinics, or independent subject matter experts.
Part IV. Other Agreements and National Law
Article 11. Relation to Mutual Legal Assistance Agreements
Mutual legal assistance (MLA) agreements establish the legal mechanisms and
procedures for obtaining assistance in the investigation and or prosecution of
international criminal offences. MLA agreements are generally used to obtain material
that cannot be obtained solely through cooperation between national enforcement
entities, particularly inquiries that require invasive or coercive means.
This agreement contemplates the use of MLA agreements, with a view to potentially
updating such agreements to accommodate the unique needs and considerations
presented by the seizure and confiscation of trafficked live wildlife, such as timing
requirements.
Part V. Final Provisions
Article 13. Miscellaneous Provisions
This closing article proposes a succinct list of miscellaneous provisions to deal with the
ratification and withdrawal process, the amendment of the agreement, and its further
development through protocols or sub-agreements, as well as the resolution of disputes
that may arise from its implementation.
These are all standard legal provisions in international agreements and may be tailored
to the specific needs and practices of the signatories.
Model International Agreement on Repatriation of Trafficked Live Wild Animals
Implementing Guidelines 7
ANNEX – MODEL INTERNATIONAL AGREEMENT
MODEL
INTERNATIONAL
AGREEMENT ON
REPATRIATION OF
TRAFFICKED
LIVE WILD ANIMALS
2023
Model International Agreement on Repatriation of Trafficked Live Wild Animals
2
Copyright
© 2023, Legal Atlas, LLC.
Legal Atlas encourages the use, reproduction, and dissemination
of this publication. Material may be copied, downloaded, and
printed for private study, research, and for use in non-commercial
products or services, provided that appropriate acknowledgement
of Legal Atlas as the source and copyright holder is given and that
Legal Atlas’s endorsement of users’ views, products or services is
not implied in any way. Material may also be altered, completed,
and adapted to specific jurisdictions engaged in treaty negotiations
and treaty drafting.
About the Confiscated Animals – Rescue & Enforcement
project:
This publication is part of the Confiscated Animals – Rescue and
Enforcement (CARE) project, an initiative made possible by the
support of the US Department of State, Bureau of International
Narcotics and Law Enforcement Affairs (INL). The project,
developed by the International Fund for Animal Welfare, operates in
partnership with Jakarta Animal Aid Network, the Jane Goodall
Institute and Legal Atlas.
Authors
Maria Pascual, Legal Atlas
James R. Wingard, Legal Atlas
Reviewers
Loïs Lelanchon, IFAW
Carole Mercier, IFAW
Disclaimer
This project was funded by a grant from the United States
Department of State. The opinions, findings and conclusions stated
herein are those of the authors and do not necessarily reflect those
of the United States Department of State.
Model International Agreement on Repatriation of Trafficked Live Wild Animals
3
CONTENTS
PREAMBLE ___________________________________________________ 4
PART I. GENERAL PROVISIONS ______________________________ 5
Article 1. Objectives ____________________________________ 5
Article 2. Interpretation __________________________________ 5
Article 3. Scope _______________________________________ 6
Article 4. Fundamental Principles _________________________ 7
PART II. REPATRIATION PROCEDURES ________________________ 7
Article 5. Obligations of the Confiscating Party _______________ 7
Article 6. Obligations of the Party of Origin __________________ 9
PART III. INSTITUTIONAL ARRANGEMENTS ___________________ 10
Article 7. Wildlife Focal Point ____________________________ 10
Article 8. Criminal Focal Point ___________________________ 11
Article 9. Technical Assistance Committee _________________ 12
PART IV. OTHER AGREEMENTS AND NATIONAL LAW __________ 12
Article 10. Harmonizing Agreements _______________________ 12
Article 11. Relation to Mutual Legal Assistance Agreements ____ 13
Article 12. Relation to National Law and Policy _______________ 13
PART V. FINAL PROVISIONS ________________________________ 13
Article 13. Miscellaneous Provisions _______________________ 13
Article 14. Signature ___________________________________ 14
Model International Agreement on Repatriation of Trafficked Live Wild Animals
4
International Agreement on
Repatriation of Trafficked Live Wild
Animals
PREAMBLE
The Contracting Parties,
Country 1,
Country 2,
Country 3
RECALLING they are signatories of the Convention for International
Trade of Endangered Species (CITES) and legally committed to the
protection and conservation of wildlife, its regulation when traded
internationally, and the fight against the trafficking of wild fauna and
flora.
ACKNOWLEDGING they play a role as source, transit and/or demand
market in a diversity of transnational trafficking routes and that wildlife
enforcement operations may result in the seizure of wild animals in a
jurisdiction different from the animals’ country of origin or export.
RECOGNIZING that the country of origin or export may have an interest
in the ownership, welfare, and disposition or management of the
confiscated wild animals and that unnecessary disputes should be
avoided.
AWARE that trafficked live wild animals are usually moved under
stressful and hazardous conditions and that immediate emergency care
is required at the moment of detection, as well as a rapid decision on the
fate of the animals involved.
UNDERSTANDING the right and interest of all countries in prosecuting
wildlife crimes committed within their own jurisdictions and the benefit of
mutual legal assistance and cooperation in investigations involving cases
of a transnational nature.
WILLING to create operational mechanisms to implement Article VIII of
the Convention regarding confiscation of live specimens and CITES
Resolution 17.8 on the Disposal of illegally traded and confiscated
specimens of CITES-listed species.
HEREBY agree as follow,
Model International Agreement on Repatriation of Trafficked Live Wild Animals
5
PART I. GENERAL PROVISIONS
Article 1. Objectives
The objective of this Agreement is to streamline the repatriation of live wild
animals seized and/or confiscated in the context of illegal transnational trade.
Article 2. Interpretation
(a) Agreement means this bilateral or multilateral agreement.
(b) CITES means the Convention of International Trade of Endangered
Species
(c) Trafficked Live Wild Animal means any living wild animal coming under
custodial management of authorities as a result of trafficking
enforcement operations, independently of the fact that custody may be
temporary (see paragraph (k) on Seizure) or permanent (see paragraph
(k) on Confiscation).
(d) Confiscation refers to the permanent deprivation of a person’s property
or possessory interests in seized wildlife, pursuant to administrative or
court order. References to ‘confiscation’ and ‘confiscating party’ in this
Agreement shall also be deemed to include the ‘seizure’ of wildlife as
defined in this paragraph (r) of this article, unless the context requires
otherwise.
(e) Confiscating Party means the country where the seizure and/or
confiscation took place.
(f) Country of Export (or Party of Export or Consignment Origin) means
the country from which an organism was transported (exported or re-
exported) prior to seizure and/or confiscation in the other country.
(g) Custody means the short or long-term protective care or guardianship
of a live wild animal
(h) Forfeiture means the loss of a right, privilege, or property interest
without compensation as a consequence of either a voluntary surrender,
violation of the law, breach of a legal obligation, failure to perform a
contractual obligation or condition, or the neglect of a legal duty.
(i) Indigenous Range means the known or inferred geographical
distribution of a wildlife species generated from historical (written or
verbal) records, or physical evidence of the species’ occurrence.
(j) Live Animal (or Live Wild Animal) includes all live forms of recognized
wild fauna, including eggs.
(k) Party of Origin (or Country of Origin) means the country in which a
specimen was taken from the wild, bred in captivity, or artificially
propagated.
(l) Party means a country signatory of this agreement.
Model International Agreement on Repatriation of Trafficked Live Wild Animals
6
(m) Point of Seizure means the initial point at which an authorized body
took a live organism into custody.
(n) Reintroduction means the intentional movement and release of an
organism inside its indigenous range from which it has disappeared.
(o) Reinforcement means the intentional movement and release of an
organism into an existing population of conspecifics.
(p) Repatriation means the return of a confiscated animal from one country
to the country of origin or the country of export.
(q) Translocation is the human-mediated movement of live animals from
one area, with release in another, including reintroduction,
reinforcement, and repatriation.
(r) Seizure or Detention refers to the act of taking property, including
wildlife, by process or by force by an enforcement body that temporarily
deprives an individual suspected of violating a law of their possessory
interest and extends from the moment of seizure until such time as a
decision is made concerning the long-term disposition or final
adjudication of the case, whichever comes first.
(s) Specimen refers to individual animals, both live and deceased.
(t) Transportation means the entire process of planning, preparation,
loading, shipping, holding, transferring, unloading and final delivery of
animals to responsible individuals at the final destination.
(u) Wildlife includes any plant, mammal, bird, amphibian, fish, reptile,
crustacean, insect, mollusk, protozoon, or other invertebrate of wild
species.
Article 3. Scope
This agreement extends to all measures adopted regarding all live specimens
of wild fauna that originated in and/or were exported from one Party’s territory
and seized or confiscated within the territory of a different Party.
1. By extending to all measures, it applies to any action taken by the
Parties regarding live wild animals pursuant to this Agreement, as well
as the crimes committed against them, including but not limited to the
provision of animal care, animal health and quarantine decisions,
repatriation, translocation, transportation, financial arrangements,
criminal investigations, court prosecution, and public information
campaigns.
2. By extending to all live specimens of wild fauna, it includes all species,
whether listed as protected under CITES or the national law of any of
the Parties involved. It also includes the remains of seized or
confiscated live specimens that may perish while in custody or during
transportation.
3. By extending to the entire territory of a Party, it includes seizures and
confiscations made at any point within the national jurisdiction of the
Parties, including but not limited to cross-border points, free trade
Model International Agreement on Repatriation of Trafficked Live Wild Animals
7
zones, ports, airports, transport systems and carriers, wildlife markets,
public or private premises, and road checkpoints.
The agreement does not extend to the seizure or confiscation of the means or
proceeds of the crimes involving the animal. This may include but not be
limited to false documentation, traps, vehicles, cages, phones, computers,
cash, bank account deposits, or weapons seized by any Party, in the same
jurisdiction where animals were seized or confiscated or in a different one. This
Agreement shall not constitute grounds for pursuing claims to the means and
proceeds seized or confiscated by either.
Article 4. Fundamental Principles
In implementing this Agreement, Parties shall adhere to the following guiding
principles:
1. Recognition of sovereign rights over wild animals that have originated
from the territory of either Party.
2. Observance of applicable animal welfare, veterinary and phytosanitary
standards during care, transport, handling, and management of
specimens.
3. Discouragement of further illegal or irregular trade in the species by
confiscating trafficked wild animals and investigating and prosecuting
crimes.
4. Adherence with the principles of conservation when deciding the final
disposition of specimens.
PART II. REPATRIATION PROCEDURES
Article 5. Obligations of the Confiscating Party
The Party confiscating live wild animals within its jurisdiction shall commit to
the following duties:
1. Determination of Origin – Immediately after seizure, the Confiscating
Party shall determine the origin of every seized live animal specimen.
This determination may be based on, but not be limited to, consultations
with national and international experts, the interrogation of and
statements by suspects, trade documentation, and forensic analyses. All
evidence gathered regarding origin shall be recorded in a written report
signed by the investigating officer.
In the alternative, when origin cannot be determined but the country of
export or re-export is known, and such country is also Party to this
Agreement, the Party of Export shall have the same rights and
obligations as those defined for the Party of Origin.
2. Notification to Party of Origin – No later than 48 hours after
determination of origin, the Confiscating Party shall issue a notification
Model International Agreement on Repatriation of Trafficked Live Wild Animals
8
to the Party of Origin (or Party of Export, as the case may be).
Notification shall contain at a minimum the following:
(a) Description of wild animals seized – number, species and/or
subspecies of specimens, sex, age, health status, specific needs,
including pictures and videos of the specimens.
(b) Report on determination of origin – including relevant evidence
that provides proof of origin, as per paragraph 1 of this Article.
(c) Seizure Report – information on the circumstances of the seizure
such as cause, date, time and place of detection and seizure,
agency and officer/s in charge, concealment methods and cages
used, and other relevant circumstances, accompanied by
pictures.
(d) Facts in support of formal confiscation and/or forfeiture of seized
animals, including the formal identification of individuals claiming
legal possession rights or legal ownership.
(e) Financial Information – information on actual and projected costs
associated with the seizure, confiscation, repatriation (transfer
and translocation) of seized or confiscated animals, including but
not limited to facility and daily care, veterinary care, sampling and
the acquisition of evidence, and transportation. In addition, this
may include information concerning opportunities for funding the
cost of repatriation including:
i. resources already available or that can be mobilized by
agencies from the Confiscating Party (such as vehicles,
fuel, cages, etc.),
ii. resources available at placement facilities (rescue centers,
NGOs, zoos) willing to collaborate,
iii. financial or logistical support from private donors and
philanthropic entities,
iv. resources from the transport carrier, or the importer of the
shipment that could be leveraged during repatriation of
animals,
v. possibility to recover costs from the offender,
vi. others.
3. Collection and Sharing of Criminal Evidence – The Confiscating Party
shall/may, consistent with existing international agreements and criminal
law, share criminal evidence with the Party of Origin to facilitate
prosecution of related crimes by both Parties. Criminal evidence
collected and shared may include, but shall not be limited to, reports
and statements from officers, eyewitnesses, suspects, and veterinary
experts, pictures, fingerprints, samples, financial evidence, and forensic
evidence of any kind.
4. Animal Care – While the fate of the seized or confiscated animals from
foreign origin is being decided, the Confiscating Party shall provide at
Model International Agreement on Repatriation of Trafficked Live Wild Animals
9
least the same level of animal care as provided to confiscated
indigenous wild animals. To the extent possible, health assessments,
quarantine, and veterinary treatment (if required) shall be provided to
each specimen.
5. Determination over Repatriation and Proposed Disposition Plan –
The Confiscating Party shall take no longer than 48 hours to review and
decide on the proposed repatriation and disposition or management
plan presented by the Party of Origin. When no objection is raised, the
Confiscating Party shall communicate its acceptance and immediately
start coordinating transfer. The Confiscating Party may object to the
proposed disposal or management option if it is contrary to the
principles of this agreement. A written explanation of such objection
shall be submitted, affording the Party of Origin the opportunity to refine
the proposed plan. If no agreement has been reached within 30
calendar days of the notification, the Confiscating Party shall have the
unilateral right to take a decision on disposition or management.
6. Transferring Wild Animals for Repatriation – The Confiscating Party,
following the repatriation plan details, shall hand specimens over to the
Party of Origin at the time and place agreed. The Confiscating Party
shall also communicate to any person claiming a possessory interest or
legal ownership over the transferred animals, the date of repatriation
and the foreign agency receiving the specimens.
7. Publicity on Confiscation and Repatriation – The Confiscating Party
shall use standard communication channels to disseminate non-
classified case information to the public with the goal of discouraging
future trafficking and continue raising awareness on the impacts of illicit
wildlife trade.
Article 6. Obligations of the Party of Origin
The Party of Origin of live wild animals confiscated within another Parties’
jurisdiction has the following duties:
1. Preparation of a Repatriation and Disposition Plan – The Party of
Origin shall have seven (7) calendar days after receipt of the Notification
from Confiscating Party to review documentation and take a decision to
accept and plan for the repatriation of the specimen(s) or waive its rights
with respect to the confiscated wild animals. If the Party of Origin
accepts repatriation, it shall prepare and send to the Confiscating Party
a plan presenting the proposed repatriation and disposition or
management plan, demonstrating that such plan is consistent with the
fundamental principles stated in Article 4. The proposal shall
demonstrate to the Confiscating Party that there is no risk the specimen
will be further traded, and that disposition shall observe principles of
conservation and animal welfare. The plan shall include details on how
and where to repatriate specimen(s), including routes, means of
transportation, travel schedules, interim holding, and responsible
persons to receive the animals. The plan shall also include financial
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details on how the cost of repatriation and disposal and management
shall be covered.
2. Confiscation and/or Forfeiture Procedures – Existing confiscation
and/or forfeiture procedures shall be followed to guarantee the Party of
Origin can plan for the disposition of animals without violation of vested
rights in the animals.
3. Funding of repatriation and disposition/management – It is the
responsibility of the Party of Origin to cover the costs to repatriate and
manage wild animals that originated in their jurisdiction. A lack of such
funding on the part of the Party of Origin is sufficient grounds to waive
the right to or refuse repatriation.
In funding repatriation and disposition or management, the Party of
Origin may seek voluntary contributions from the Confiscating Party,
rescue centers or NGOs, zoological parks and aquaria, shipping
companies, as well as financial support from private donors and
philanthropists. The Party of Origin may also seek reimbursement of any
and all repatriation expenses from wildlife traffickers as part of the
penalties or compensation imposed during court trial.
4. Plan Implementation – After the Confiscating Party has accepted the
proposal presented, the Party of Origin shall implement the plan without
delay.
5. Reporting to the Confiscating Party. After implementation of the
disposition plan, the Party of Origin shall report to the Confiscating Party
on the details regarding the placement and treatment of animals.
6. Collection and Sharing of Criminal Evidence – The Party of Origin
shall initiate investigations into the taking from the wild or breeding of
the confiscated animal and shall/may share evidence, consistent with
existing international agreements and criminal law, including classified
and confidential information, with the designated enforcement focal
point of the Confiscating Party allowing both jurisdictions to pursue
criminal prosecution.
7. Publicity on Confiscation and Repatriation – The Confiscating Party
shall use standard communication channels to disseminate non-
classified case information to the public with the goal of discouraging
future trafficking and continuing to raise awareness on the impacts of
wildlife illicit trade.
PART III. INSTITUTIONAL ARRANGEMENTS
Article 7. Wildlife Focal Point
1. Each Party shall designate a Wildlife Focal Point for purposes related to
the Agreement the following national authorities:
Country Name
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National Authority
Address
Email
Phone Number
Country Name
National Authority
Address
Email
Phone Number
2. The functions of the Wildlife Focal Point shall include:
a) requesting and transmitting information from or to another Party,
including but not limited to reports on determination of origin,
notifications on seizures or confiscations, animal care provided to
confiscated specimens, disposition or management plans,
repatriation implementation logistics, and publicity or information
campaigns,
b) maintaining information and statistics about outgoing and
incoming repatriations affecting the Parties to this Agreement,
c) handling inquiries in relation to repatriations,
d) investigating and resolving concerns or conflicts raised in the
context of any repatriation; and
e) any other functions the Party incorporates into its mandate.
3. The Wildlife Focal Point shall operate in a visible, accessible,
transparent, and accountable manner. It shall receive and consider
information, statements of concern, or other information from
government officials, non-governmental organizations, or individuals
from the country in which it is established.
Article 8. Criminal Focal Point
1. Each Party designates, as Crime Focal Point for purposes related to the
Agreement, the following national authorities:
Country Name
National Authority/Department
Contact Information (Address, Email, Phone Number)
Country Name
National Authority/Department
Contact Information (Address, Email, Phone Number)
2. The functions of the Crime Focal Points shall include:
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a) requesting and transmitting confidential and classified information
from or to another Party, including but not limited to criminal
investigations and criminal evidence,
b) handling inquiries in relation to criminal investigations, including
confidential and classified information,
c) exercising due care with respect to confidential and classified
information received from other Parties related to criminal
investigations,
d) any other functions the Party incorporates into its mandate.
3. The Crime Focal Point shall operate consistent with criminal procedures
established in its own jurisdiction, as well with any Mutual Legal
Assistance Agreement in place between the Parties.
Article 9. Technical Assistance Committee
1. A Joint Technical Committee of the Parties with members from all
Parties may be established after signature to provide technical
assistance to the Parties on repatriations. This Committee shall:
a) have special expertise in wildlife conservation and humane
treatment of wild animals subject to repatriation,
b) include existing CITES Scientific Authorities of the Parties,
c) include existing Confiscation Advisory Network members,
d) organize the provision of technical assistance to the Parties
relating to the implementation of this Agreement, at their request,
including in the area of handling and care of wild animal
specimens,
e) such other matters as the members of the Committee or the
Committee of the Parties may determine.
PART IV. OTHER AGREEMENTS AND NATIONAL LAW
Article 10. Harmonizing Agreements
1. Upon signature, this Agreement shall govern all repatriations of live wild
animals, amending, modifying, or nullifying pre-existing agreements as
required.
2. Where Parties to this agreement have a Repatriation Agreement with a
non-Party, they shall strive to renegotiate those agreements to make
them consistent with the present Agreement or to ensure consistency in
the treatment of live wild animals confiscated in transnational trade.
3. Parties to this agreement shall ensure that all future Repatriation
Agreements to which they may become a Party are fully consistent with
the present Agreement.
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Article 11. Relation to Mutual Legal Assistance Agreements
1. Where Parties to this agreement have a Mutual Legal Assistance
Agreement with another Party, the terms of the Mutual Legal Assistance
Agreement shall be applied to the extent they are consistent with the
requirements of this Agreement.
2. To the extent such agreements are inconsistent with this Agreement,
Parties shall strive to renegotiate those agreements to make them
consistent with the present Agreement.
Article 12. Relation to National Law and Policy
1. The terms of this Agreement notwithstanding, all repatriations of live
wild animals are subject to the laws and regulations of the Confiscating
Party and Party of Origin whenever the specimen is found within its
jurisdiction.
2. Both Parties shall strive, through their laws, policies, and practices, to
meet the Objectives and observe the Principles of this Agreement.
3. Both Parties shall provide such information as the other Party may
require concerning the seizure and confiscation and wildlife in question
for purposes of decision-making in relation to repatriation, including
investigations, and prosecutions.
4. Nothing in this Paragraph shall be construed to prevent a Party from
otherwise exercising the equitable and good faith application of its
national legislation.
PART V. FINAL PROVISIONS
Article 13. Miscellaneous Provisions
1. Entry into Force. This Agreement shall enter into force 30 days
following its ratification by all Parties. This Agreement does not create
retroactive obligations or responsibilities on any Party, although
voluntary compliance may be undertaken by any Party entirely at their
discretion.
2. Modifications. Amendments or modifications to this Agreement shall be
concluded in writing and signed by all Parties.
3. Protocols. To facilitate the implementation of this Agreement, the
Parties may, at any time, adopt a Protocol to this Agreement.
4. Authentic Texts. The (English) language text of this Agreement shall be
its authentic language.
5. Withdrawal. Any Party may withdraw from this Agreement by written
notification to the other Parties. This Agreement shall expire for that
Party 180 days after the date of such notification. Notwithstanding the
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preceding, for any repatriation, including associated investigations and
prosecutions, that have been initiated or are still in progress at the time
of such withdrawal, the terms of this Agreement shall survive for a
period of five years or until such repatriation, including associated
investigations and prosecutions have concluded, whichever comes first.
The five-year period may be extended by mutual consent of the Parties
with respect to repatriations in existence at the time of withdrawal.
6. Settlement of Disputes. Any dispute which may arise between the
Parties with respect to the interpretation or application of this
Agreement shall be subject to negotiation between the Parties involved
in the dispute. If the dispute cannot be resolved, the Parties may, by
mutual consent, submit the dispute to arbitration, and the Parties
submitting the dispute shall be bound by the arbitral decision.
Article 14. Signature
The Parties herewith confirm and sign this Agreement.
_______________________
Name, Position, Agency
Party
Place and Date
_______________________
Name, Position, Agency
Party
Place and Date