AWARE that international cooperation is fundamental to achieving the objectives of the Convention;

RECOGNIZING the concern of some Parties that stricter domestic measures taken pursuant to Article XIV,
paragraph 1, of the Convention may have an adverse impact on the conservation status of the species concerned in
their countries of origin;

BELIEVING that any difficulties that arise with respect to the adoption of stricter domestic measures can be resolved
by mutual consultation and cooperation;

THE CONFERENCE OF THE PARTIES TO THE CONVENTION

1. RECOMMENDS that:

a) each Party intending to take stricter domestic measures pursuant to Article XIV, paragraph 1, of the
Convention regarding trade in specimens of non-indigenous species included in the Appendices make every
reasonable effort to notify the range States of the species concerned at as early a stage as possible prior to the
adoption of such measures, and consult with those range States that express a wish to confer on the matter;
and

b) each Party that has taken such stricter domestic measures for non-indigenous species prior to the adoption
of this Resolution consult, if requested, on the appropriateness of such measures with range States of the
species concerned.

The adoption of implementation legislation adapted to the specific requirements of the

national legal system and institutions is also important as a way of informing all the
parties concerned, i.e. government agencies, the courts, traders and the public in
general, of the changes in the trade rules which have occurred as a result of the
ratification of the Convention and of the penalties that are incurred if the new rules
are violated. Likewise, the courts are generally much more at ease with the
enforcement of national legislation than with treaties, the implications of which may
not always be entirely clear, especially if there are inconsistencies between the text of
a treaty and national legislation.

(b) Implementation legislation may also be necessary to clarify what are the effects of
CITES on other domestic legislation relating to trade in wild species and to eliminate
potential inconsistencies or contradictions between the two.

(c) Article XIV.l of the Convention provides that Parties have the right to adopt
stricter domestic measures regarding the conditions for trade, taking, possession or
transport of species listed on the Convention appendices. The adoption of national
legislation is of course necessary for that purpose.
Article XIV clarifies the effect of the Convention on domestic legislation and other
international agreements. Articles XIV, paragraphs 4 and 5, address the relationship
between the Convention and other related international agreements that were in force
at the time of the entry into force of the present Convention.

In this respect, Article XIV paragraphs 4 and 5 provide as follows:

"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."

CITES has to adapt itself to changes in circumstances, many of which could not have
been foreseen by the original drafters of the treaty. As a result, the Conference of the
Parties has adopted a large number of resolutions, either to provide a commonly
agreed interpretation of certain terms or provisions of the Convention, or to
recommend that the Parties take certain action. In addition, the Secretariat, by the
means of notifications to the Parties, frequently invites Parties to take certain specific
measures, particularly to assist other Parties in their conservation efforts or to advise
Parties not to accept documents or shipments originating from certain countries. It is
clear, however, that without adequate legislation empowering the appropriate
authorities to take those recommended measures, Conference resolutions and
notifications to Parties, which in themselves are not binding, cannot be implemented.
They have to be incorporated into legislation if they are to be enforced. To take an
example, Resolution Conf. 6.4 urges all Parties to prohibit imports of wildlife illegally
exported from neighbouring countries. This implies that Parties are able either to
institute a system of import permits, which they may refuse at their discretion if they
have grounds to believe that they are faced with an illegal export, or to refuse to
accept apparently valid export permits accompanying specimens, the export of which
is prohibited by the law of the State of export. Clearly, none of these measures can be
taken without legislation empowering the competent authorities of the State of import
to do so. Indeed, if these measures were taken by simple administrative decision
without a firm basis in the law, there would be a serious risk that aggrieved traders
would apply to the courts to have them made void. There are some examples of court
decisions of that kind

https://www.fws.gov/le/pdf/CITESTreaty.pdf

https://portals.iucn.org/library/efiles/documents/EPLP-026.pdf

https://cites.org/sites/default/files/eng/cop/11/doc/18.pdf

https://cites.org/eng/news/new_CITES_Appendices_as_amended_at_CoP18_and_ne
w_suites_of_Resolutions_Decisions_enter_into_force_26112019

https://idckohtao.com/blog/what-is-cites-and-why-it-is-important/

https://timesofmalta.com/articles/view/the-importance-of-cites.800871

https://cites.org/eng/disc/what.php