---
kind: "section"
citation: "50 C.F.R. § 23.40"
title: "50"
number: "23.40"
heading: "What are the requirements for a certificate for artificially propagated plants?"
url: "https://uscodex.org/cfr/50/23.40"
---

# §23.40. What are the requirements for a certificate for artificially propagated plants?

- (a) **Purpose.** Article VII(5) of the Treaty grants an exemption to plants that are artificially propagated when a Management Authority issues a certificate.
- (b) **U.S. and foreign general provisions.** The following provisions apply to the issuance and acceptance of a certificate for artificially propagated Appendix-I, -II, or -III plants:
  - (1) The certificate for artificially propagated plants and any subsequent re-export certificate must show the source code as “A” for artificially propagated.
  - (2) For an Appendix-I specimen that satisfies the requirements of this section, no CITES import permit is required.
- (c) **U.S. application form.** Complete Form 3-200-33 and submit it to the U.S. Management Authority.
- (d) **Criteria.** The criteria in this [paragraph (d)](#d) apply to the issuance and acceptance of U.S. and foreign certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria:
- (e) **U.S. standard conditions.** In addition to the conditions in [§ 23.56](/cfr/50/23.56.md), you must meet all of the following conditions:
  - (1) You may not export or re-export a plant (including its parts, products, or derivatives) under this certificate if the plant was removed from the wild or grown directly from a wild seed or spore, except for plants grown from exempt plant materials that qualify as artificially propagated.
  - (2) You may not export an Appendix-I species that was propagated for commercial purposes under this certificate, except for hybrids of one or more Appendix-I species or taxa that are not annotated to treat hybrids as Appendix-I specimens. (See [§ 23.47](/cfr/50/23.47.md).)
  - (3) You may export a native plant under this certificate only when specifically approved for export and listed on the certificate, inventory sheet, or an approved species list.
  - (4) You may export a specimen under a higher-taxon name only if you identified the taxon in your application and we approved it on this certificate.

## Notes

### Amendments

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]

### 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 30425, May 27, 2014]