---
kind: "section"
citation: "50 C.F.R. § 23.47"
title: "50"
number: "23.47"
heading: "What are the requirements for export of an Appendix-I plant artificially propagated for commercial purposes?"
url: "https://uscodex.org/cfr/50/23.47"
---

# §23.47. What are the requirements for export of an Appendix-I plant artificially propagated for commercial purposes?

- (a) **Purpose.** Article VII(4) of the Treaty provides that Appendix-I plants artificially propagated for commercial purposes shall be deemed to be listed in Appendix II. This means that an Appendix-I specimen originating from a commercial nursery that is registered with the CITES Secretariat or that meets the requirements of this section may be traded under an export permit or re-export certificate based on Appendix-II criteria. The specimen is still listed in Appendix I and is not eligible for any exemption granted to an Appendix-II species or taxon, including any exemption granted by an annotation. This section does not apply to hybrids of one or more Appendix-I species or taxa that are not annotated to treat hybrids as Appendix-I specimens (see [§ 23.40](/cfr/50/23.40.md)).
- (b) **U.S. and foreign general provisions.** The following provisions apply to the issuance and acceptance of export permits for Appendix-I specimens artificially propagated for commercial purposes:
  - (1) An Appendix-I specimen may not be imported for purposes of establishing or augmenting a nursery or commercial propagating operation, unless the specimen is pre-Convention (see [§ 23.45](/cfr/50/23.45.md)) or was propagated at a nursery that is registered with the CITES Secretariat or a commercial propagating operation that qualifies under [paragraph (d)](#d) of this section, and the CITES document indicates the source code as “D.”
  - (2) An export permit may be issued to a CITES-registered nursery, to a commercial propagating operation that qualifies under [paragraph (d)](#d) of this section, or to persons who have acquired a specimen that originated at such a nursery or operation. No CITES import permit is required for a qualifying specimen.
  - (3) The export permit, and any subsequent re-export certificate, must show the specimen as listed in Appendix I and the source code as “D,” and if from a nursery registered with the Secretariat, give the identification number of the registered nursery where the specimen originated.
- (c) **U.S. application form.** Complete Form 3-200-33 or Form 3-200-74 (for additional single-use permits under a master file or an annual export program file). Complete Form 3-200-32 for one-time export. Submit the completed form 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 export permits. When applying for a U.S. permit, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria:
- (e) **Nursery registration.** [Reserved]

## Notes

### Amendments

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, 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 30426, May 27, 2014]