---
kind: "section"
citation: "50 C.F.R. § 23.26"
title: "50"
number: "23.26"
heading: "When is a U.S. or foreign CITES document valid?"
url: "https://uscodex.org/cfr/50/23.26"
---

# §23.26. When is a U.S. or foreign CITES document valid?

- (a) **Purpose.** Article VIII of the Treaty provides that Parties take appropriate measures to enforce the Convention to prevent illegal trafficking in wildlife and plants.
- (b) **Original CITES documents.** A separate original or a true copy of a CITES document must be issued before the import, introduction from the sea, export, or re-export occurs, and the document must accompany each shipment. No copy may be used in place of an original except as provided in [§ 23.23(e)(3)](/cfr/50/23.23.md?p=e-3) or when a shipment is in transit (see [§ 23.22](/cfr/50/23.22.md)). Fax or electronic copies are not acceptable.
- (c) **Acceptance of CITES documents.** We will accept a CITES document as valid for import, introduction from the sea, export, or re-export only if the document meets the requirements of this section, [§§ 23.23 through 23.25](/cfr/50/23.23..23.25.md), and the following conditions:
- (d) **Verification of a CITES document.** We may request verification of a CITES document from the Secretariat or a foreign Management Authority before deciding whether to accept it under some circumstances, including, but not limited to, the following:
  - (1) **We receive reliable information that indicates the need for CITES document verification.**
  - (2) We have reasonable grounds to believe that a CITES document is not valid or authentic because the species is being traded in a manner detrimental to the survival of the species or in violation of foreign wildlife or plant laws, or any applicable Management or Scientific Authority finding has not been made.
  - (3) **The re-export certificate refers to an export permit that does not exist or is not valid.**
  - (4) **The CITES document includes a species for which the Secretariat has published an annotated quota.**
  - (5) We have reasonable grounds to believe that the document is fraudulent, contains false information, or has unauthorized changes.
  - (6) We have reasonable grounds to believe that the specimen identified as bred in captivity or artificially propagated is a wild specimen, was produced from illegally acquired parental stock, or otherwise does not qualify for these exemptions.
  - (7) We know or have reasonable grounds to believe that an Appendix-I specimen was not bred at a facility registered with the CITES Secretariat and that the purpose of the import is commercial.
  - (8) The import of a specimen designated as bred in captivity or artificially propagated is from a non-Party. For an Appendix-I specimen, we must consult with the Secretariat.
  - (9) For a retrospectively issued CITES document, both the importing and exporting or re-exporting countries' Management Authorities have not agreed to the issuance of the document.
  - (10) **For a replacement CITES document, we need clarification of the reason the document was issued.**
  - (11) The export permit or re-export certificate does not contain validation or certification by an inspecting official at the time of export of the actual quantity exported or re-exported.

## Notes

### Amendments

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30423, May 27, 2014; 87 FR 10080, Feb. 23, 2022]

### Authority

Authority: Convention on International Trade in Endangered Species of Wild Fauna and Flora (March 3, 1973), 27 U.S.T. 1087; and Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.

### Source

Source: 72 FR 48448, Aug. 23, 2007, unless otherwise noted.

### Amendments

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30423, May 27, 2014; 87 FR 10080, Feb. 23, 2022]