Ethiopia Wildlife Trade Gap Analysis

Table of Contents INTRODUCTION 2 COUNTRY OVERVIEW 2 Wildlife Trade Environment Enforcement Environment Policy Environment 3 4 6 GAP ANALYSIS 7 INTERNATIONAL LEGAL FRAMEWORK 7 Relevant Treaties and Adherence CITES Compliance Assessment 7 8 NATIONAL LEGAL FRAMEWORK 11 Summary of the Legal Framework Framework Analysis National Gap Analysis 11 12 14 CONCLUSIONS 21 POLICY ENVIRONMENT 21 LEGAL ENVIRONMENT 21 ANNEX I. NATIONAL FRAMEWORK OVERVIEWS 23 ANNEX II. CITES COMPLIANCE ASSESSMENT 32 ANNEX III. ETHIOPIA WILDLIFE OFFENSES 43 ANNEX IV. WILDLIFE OFFENSES AND PENALTIES ASSESSMENT 62 ANNEX V. COMMENTS ON 2019 WILDLIFE PROCLAMATION BILL 77 ANNEX VI. COMMENTS ON 2019 WILDLIFE REGULATION BILL 82 INTRODUCTION Legal Intelligence for Cheetah Illicit Trade (LICIT) is a 3-year project (2019-2022) sponsored by the UK Department for Environment Food and Rural Affairs (DEFRA) through the Illegal Wildlife Trade Challenge Fund (IWT Fund). It is implemented by an alliance between the Cheetah Conservation Fund (CCF), the Legal Atlas and The International Fund for Animal Welfare (IFAW). The expected impact of the project is that trafficking of live cheetahs and gazelle decreases between the Horn of Africa and the Arabian Peninsula as an established public and private sector network effectively enforces wildlife trafficking legislation. LICIT aligns with and supports a wider effort by Horn of Africa regional governments and partners to strengthen ongoing cooperation to end trafficking of cheetahs and other endangered wildlife in the region. The principal project activities include legal research and analysis, training and capacity building, and network building. This assessment and the accompanying legislative agenda are the outputs of the legal research component of the project conducted by Legal Atlas. The objective of this assessment is to take a simultaneously broad and detailed look at the current international and national legal frameworks that apply to wildlife trade in Ethiopia, with a particular focus on their application to illicit cheetah trade. It is one of four reports produced by Legal Atlas in the LICIT project covering three jurisdictions in the Horn of Africa (Ethiopia, Somalia and Somaliland) and one in the Arabian Peninsula (Yemen). The methods used to identify and compile related legislation are based on those developed by Legal Atlas® for use in its legal intelligence platform. In addition to independent review, the methods also include review and identification of relevant legal material by local sources. The results of the compilation can be accessed in the Legal Atlas® platform by going to www.legal-atlas.net. Legal Atlas® Platform - Legal Atlas provides Ethiopian authorities with easy access to the legislation of neighboring jurisdictions. This open resource is intended to facilitate understanding of commonalities and differences in laws regulating wildlife, offering the ability to benchmark laws and identify opportunities for harmonization at international and regional levels, as well as support inquiries related to mutual legal assistance when combatting international crimes. The platform contains legislative frameworks for wildlife trade for more than 70 jurisdictions. In May 2020, Legal Atlas presented a demonstration of the platform to government officials from countries served by the LICIT project. This initial training focused on an overview of content, its application to investigation and prosecution strategies, as well as research inquiries. The writing of this report coincided with one trip by Legal Atlas and CCF staff to Ethiopia to meet with local officials. The timing also overlapped with ongoing efforts by the government to introduce revisions to two core wildlife trade laws and a new regulation: § § § draft Proclamation to Provide for the Development, Protection and Utilization of Wildlife, draft Council of Ministers Regulation to Provide Re-Establishment of the Ethiopian Wildlife Development and Protection Authority draft Wildlife Conservation Area Development Fund Establishment Regulation Legal Atlas had the opportunity to comment on the first two of these drafts and those comments have been included in the annexes to this country assessment as additional reference. COUNTRY OVERVIEW Ethiopia occupies a unique position in Africa, both geographically and demographically, located where the Sahara Desert meets sub-Saharan Africa, and with a population growing faster than almost any other country in Africa. For the past roughly eight 2 decades, Ethiopia’s wildlife has been in steady decline, attributed to a combination of population growth, habitat loss, climate change and trade. Some species have gone extinct, while many others have become increasingly threatened by domestic and international trade, as well as human development and habitat loss. Excluding plants and invertebrates, the country is currently home to six (6) critically endangered species, 23 endangered species,1 and 70 vulnerable species. trading in at least 32 species2 and acting as a source for cheetah. According to one report “[i]llegal trade in cheetahs (and other African wild animals) is opportunistic and low-volume compared to other types of smuggling activity in the region. Still, it is apparently profitable, comparing prices from observations of cases of illegal trade along the trade chain,” and given the high prices paid by end consumers for some species. Ethiopia is the only country in this review that is home to all four of the species of concern in this assessment: International Demand for Cheetahs § § § § Cheetah (Acinonyx jubatus) Dorcas gazelle (Gazella dorcas) Soemmerring’s gazelle (Nanger soemmeringii) Speke’s gazelle (Gazella spekei) The species of primary concern in this research, however, is the cheetah. It is also the species for which the most information concerning trade is available. What is known about trade in the region for the three gazelle species will have to be advanced during in-country review as there is little published concerning trade practices, volumes, and values specific to Ethiopia. To the extent these species are listed by CITES or otherwise covered by Ethiopia’s wildlife and trade related legislation, a majority of this review will nonetheless be applicable. Wildlife Trade Environment Wildlife is one of a number of illicit goods targeted by organized crime groups that challenge governments throughout the Horn of Africa region. Such trade is facilitated by poverty, conflict and instability. As will be highlighted in this report, there is still much that can be done to improve Ethiopia’s legal foundations to combat this illicit trade and protect its wildlife heritage. Ethiopia has been both a source and transit country for illicit international wildlife trade for many years, 1 These include the gazelle species of concern in the LICIT project. 2 Interview with IFAW staff, Fetene Hailu Buta. 3 Sheffer (2013); Sheffer and Kennedy (2013) 4 Trade appears to be driven by the demand for cheetah cubs as exotic pets in the Arabian Peninsula as well as poaching pressures in the Horn of Africa resulting from Human-Wildlife Conflict. “A year-long journalistic investigation conducted in 2013 documented cheetah cubs, along with other live African wildlife, being smuggled by boat out of Somaliland, through Yemen, and up the coastal road to the border crossing with Saudi Arabia.3 This international demand challenges Ethiopia’s efforts to prevent trade for the same reason other jurisdictions are challenged. Ethiopia as Source Country East Africa is the region with the highest recorded levels of illegal cheetah trade, and Ethiopia is a known source. This is true even though Ethiopia’s cheetahs are protected by general prohibitions and despite the additional protections that a little over half of the cheetah population receives by being inside one of the country’s protected areas.4 Ethiopia as Transit Country Other reports indicate that the trafficking networks that target Ethiopia as a source for cheetah may also use Ethiopia as a transit country. Confiscations in Ethiopia5 and other monitoring information6 have both indicated that cubs in transit there did not in fact originate in Ethiopia, evidence, if not yet confirmation of, its role as a transit country. _Center/3.4._Strategies___Action_Plans/cheetah/EWCA_ 2012_Conservation_of_Cheetah_and_Wild_Dogs_in_Ethio pia.pdf 5 Id; citing Mesfin 2011. 6 #Id; citing CCF in litt. 2014. http://www.catsg.org/fileadmin/filesharing/3.Conservation 3 Taking and Moving Cheetahs Taking cheetahs from the wild does not appear to be difficult or require sophisticated equipment. According to reports, “[c]heetah mothers do not defend their cubs as some other larger predators might, and the most likely method of obtaining cubs is through opportunistic tracking or sighting the mother’s movements and snatching them when they are too young to flee.”7 Enforcement Environment Enforcement Data Since 2005, the Cheetah Conservation Fund (CCF) has compiled records of confiscations (many arranged through cooperation between national authorities and conservationists) as well as of illegal trade. However, those interviewed in the context of this research also identified shooting the mother and stealing the cubs as another probable method.8 One article seems to confirm this,9 although further data has not yet been obtained. If true, it would represent a significant, additional negative impact on the cheetah population. Earlier records are scarce, and likely reflect an absence of active trade monitoring efforts rather than an absence of trade. Verified records are those that NGOs observed or where they facilitated the disposition of animals. In other instances, reports of illegal trade were communicated by others to researchers. Conveyance methods out of Ethiopia have included both vehicle and camel.10 Air travel does not appear to be a significant concern. The distance, altitude, and risk of being caught all make this an undesirable, and therefore, unlikely trading route for cheetahs. While records from the last decade are now being analyzed, initial analysis of 2020 data (January to June) offers 20 cheetahs being confiscated in the Somaliland region that borders the Gulf of Aden, with 22 additional cheetahs allegedly in trade though seizures were not made. The Role of Ethiopia’s Protected Areas As with any other illcit activity, experts suspect actual trade is much larger but worry that even this smaller number represents an estimated 15% of the remaining known cheetah (soemmeringii) population in a single year. ‘Relative to the surviving populations, this trade is large and is, almost certainly, driving the small, vulnerable cheetah populations in this region to extinction.’14 Although trade (either for cheetah or gazelle) does not appear to be affected by the existence of protected areas, they nonetheless play a critical role in the continued viability of the species and likely provide protection for source populations.11 There is, however, still the basic need to map them accurately12 and promulgate the laws and rules necessary for the management of the resources they encompass.13 Suffering dehydration, malnutrition and exposure to infectious disease and trauma, mortality rate for these young animals is high, with many dying within 72-hours of confiscation.15 Training There have been numerous training sessions in Ethiopia specifically addressing wildlife trade. Among them have been: 7 Id. 8 Interview with IFAW Staff, Fetene Hailu Buta. 9 The Reporter. (2018). Saving Ethiopian wildlife. Available at https://www.thereporterethiopia.com/article/savingethiopian-wildlife 10 CCF in litt. 2014 11 Durant, S., et. al. (2017). The global decline of cheetah (Acinonyx jubatus) and what it means for conservation. PNAS, Vol 114, No. 3. January 17, 2017. 12 Ethiopia Wildlife Policy 13 Id. 14 Durant, S. (2019) Cheetahs, CITES, and illegal trade: Are consumer countries doing enough? Mongobay 15 Id. 4 2014 – A training workshop hosted by the Ethiopian Wildlife Conservation Authority (EWCA) with participants drawn from the Horn of Africa, East Africa and the Arabian Peninsula (Kenya, Uganda, Ethiopia, Somalia, Tanzania, Yemen, Saudi Arabia, United Arab Emirates, Oman and Jordan). Target participants comprised the enforcement community including INTERPOL agents, custom departments, CITES-MA and wildlife enforcement officers. 2015 – Wildlife Criminal Justice Assistance training held in Addis Ababa for the enforcement community (rangers, prosecutors, judges). Hosted by African Wildlife Foundation (AWF) and the Ethiopian Wildlife Conservation Authority (EWCA), through support from the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs (INL), the two-day training provided an analytical legislative review of Ethiopia’s existing wildlife laws and assist in identifying ways to improve the investigative, prosecutorial and judicial responses to wildlife crime. Representatives from AWF, EWCA, INTERPOL, the United Nations Office on Drugs and Crime, and the Lusaka Agreement Task Force (LATF) lead the various training sessions. 2016 – IFAW hosted a training workshop in Addis Ababa, Ethiopia, to increase the expertise of law enforcement officers from customs, federal police, airport police and, Ethiopian Wildlife Conservation Authority (EWCA) as CITES management authorities based at Bole International Airport, to combat wildlife crime. 2019 - IFAW hosted a training workshop in Addis Ababa, Ethiopia to increase the expertise of law enforcement officers from customs, federal police, airport police and, Ethiopian Wildlife Conservation Authority (EWCA) as CITES management authorities. Geographic Factors Much of the wildlife trade in Ethiopia, and the cheetah trade in particular, is centered in the Somali Regional State, which has struggled with conflict and instability that prevents access to certain regions for enforcement and monitoring,16. Further investigation is needed to identify other areas involved. 16 ICCWC, (2016). Second Global Meeting of the Wildlife Enforcement Networks. Meeting Report; confirmed in Interview with IFAW Staff, Fetene Hailu Batu. According to interviewees, enforcement efforts may be hampered or completely negated by lack of capacity in law enforcement organizations and lack of training among law enforcement officers. Cross-Border Collaboration The international community has recognized the need to deploy a broader spectrum of government resources to counter illegal wildlife trafficking. The 2014 training workshop hosted by the Ethiopian Wildlife Conservation Authority (EWCA) had among its objectives the goal of strengthening in-country and cross-border collaboration in combating the illegal wildlife trade.17 This was later followed up by a second workshop in March 2020. This ‘Cheetah Workshop’ tok place in Addis Ababa. It was convened by the Cheetah Conservation Fund and IFAW and the help of the United State government. During this workshop, advances in rescue capacity were presented including the two CCF-run safe houses for confiscated cubs and the planning of a third one. Participants discussed strategies to end the trade and protect the species, focusing on three themes: sources of cheetah trafficking, trafficking routes, and demand. Participants synthesized their inputs into priority topics that cut across the three themes, and identified key activities related to each topic. This new ‘Cheetah Action Plan’ was intended to build on the original Cheetah Blueprint (2016), the Hargeisa Workshop (2017), and other cheetahfocused initiatives to date, to provide an updated and revised framework to inform current and future projects and programs and promote closer coordination among cheetah stakeholders. The new Cheetah Action Plan offers priority actions in areas of community engagement, mapping of trafficking networks, strengthening laws and law enforcement, reducing demand, and providing solutions for live confiscated animals that are welfare-minded. Ethiopia’s involvement with the HAWEN, TRAFFIC, and the TWIX Platform are concrete positive steps towards that objective. However, Ethiopia’s would benefit from greater engagement in regional and global operations against wildlife trafficking. 17 AWF. (2014) Combating Wildlife Trafficking, Building Law Enforcement Capacity 5 Policy Environment Since 1986 Ethiopia has been a member of IGAD, which released a Regional Biodiversity Action Plan and Statement on Wildlife Trade in 2017. Ethiopia is also committed to implementing the African Strategy on Combating Illegal Exploitation and Illegal Trade in Wild Fauna and Flora in Africa, adopted by the African Union in 2015. Ethiopia’s domestic wildlife policy addresses a few key issues [listed as found in the policy]:18 § § § § establishing checkpoints at ports; meeting international wildlife safety standards; conducting trade pursuant to national and international law; and establishing quarantine procedures. Some of these are broad objectives that could include any number of actions, but they have not yet been spelled out in detail either in the Policy, existing legislation, or the current legislative proposals. There is substantial room for interpretation and guidance is still needed concerning what should be achieved. Among the issues that should be considered are: § § § § § § § the powers and authorities of wildlife enforcement officers the role and authority of the military in managing border areas where most trade occurs; the regulation of online wildlife trade; the application of AML and organized crime legislation to wildlife crime; the use of mobile phone technology facilitating on demand illicit trade, the investigation into suspected holding centers the regulation of rescue centers This list is not intended to be exhaustive list; merely highlight some of the areas that are known or thought to be important to the management of wildlife trade in Ethiopia. Comments on these and others are contained in the Gap Analysis that follows this section. 18 Ethiopia Wildlife Policy 6 GAP ANALYSIS The following sections look at the international and national legal frameworks as they apply to wildlife trade in Ethiopia. For the most part, each type of law (international or national) is reviewed independent from the other. However, the national laws intended to implement CITES have been reviewed in the international section as CITES requires national legislation for compliance. This review overlaps with but is still separate from review of national legislation. Against Transnational Organized Crime, and the IGAD Mutual Legal Assistance Agreement. Nonetheless, it has significant opportunities to improve its adherence to international agreements, as outlined below. Treaties signed, but not ratified Of the remaining 10 treaties and treaty decisions relevant to wildlife trade, the country has signed three (3) more that are pending ratification. These include one key treaty related to enforcement and two more related to management: Enforcement § INTERNATIONAL LEGAL FRAMEWORK § § This section reviews the international laws and agreements that apply to wildlife trade either directly or indirectly and to which Ethiopia is either a member, a signatory, or eligible to sign. § Relevant Treaties and Adherence Research identified 28 international and regional agreements relevant to wildlife trade management and enforcement for Ethiopia. These are organized in the following table according to their primary focus. As with the national legal frameworks, the method for identifying and compiling relevant international agreements is based on those developed by Legal Atlas® for use in its legal intelligence platform.19 The method also includes input by EWCA legal staff and other members of the LICIT project team. In general, the results indicate that Ethiopia has a stronger basis in international agreements compared to the other three jurisdictions reviewed. It is already a member of 18 of the 28 agreements, including the majority of the key agreements related to wildlife; in particular CITES, the UN Convention Lusaka Agreement on Co-operative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora Resource Management AU-Convention on Conservation of Nature and Natural Resources AU-Revised Convention on Conservation of Nature and Natural Resources Treaties not signed It has also neither signed nor implemented seven others, most of which are trade agreements that have the ability to harmonize and improve border controls. Organized by type, these include: Enforcement § § § § § § AU-Statute of the African Union Mechanism for Police Cooperation (AFRIPOL) Trade WCO-Convention on the simplification and harmonization of Customs procedures (Kyoto Convention) as amended WCO-Convention on mutual administrative assistance for the prevention, investigation and repression of Customs offences (Nairobi Convention) WCO-Convention A.T.A. Carnet for the temporary admission of goods WCO-Convention on Temporary Admission (Istanbul Convention) 19 Results WCO-Convention on the simplification and harmonization of Customs procedures (Kyoto Convention) as amended can be viewed online at www.legal-atlas.net 7 § WTO-Agreement on Sanitary and Phytosanitary Measures Governance § UNWTO-Framework Convention on Tourism Ethics List of Relevant Treaties Table 1 on the following page lists the international and regional agreements deemed relevant to wildlife trade occurring within, passing through, or coming from Ethiopia. Treaties have been organized by their overarching purpose, starting with those most directly relevant to trade and enforcement. This organization is not intended to indicate that some are less important than others, as any given instance of trade may make any of them more important than the others for that particular question. CITES Compliance Assessment Of the treaties reviewed in this assessment, there is only one (CITES) that requires compliance in the form of national legislation with specified content and a set of best practices that can be reviewed in a standardized format across jurisdictions. This section is therefore dedicated to reviewing the degree of implementation of CITES in Ethiopia’s national legal framework. Minimum Requirements Ethiopia is listed as a Category 1 country by CITES Secretariat, meaning it meets the four minimum requirements for compliance with the Convention. These requirements were agreed in Resolution Conf. 8.4 (Rev. CoP15) and dictate that every state member, within its national legislation, must: § § Table 1. List of applicable international and regional agreements relevant to the management of wildlife trade in Ethiopia § § designates at least one Management Authority and one Scientific Authority; prohibits trade in specimens in violation of the Convention; penalizes such trade: and confiscates specimens illegally traded or possessed. As a Category 1 country, Ethiopia’s legislation is believed to generally meet these core requirements. There are, however, questions concerning the actual designation of Management and Scientific Authorities, which CITES mandates they should be independent from each other. For purposes of comparison, the other jurisdictions in this project have the following CITES Category: 8 § § § Yemen is also a Category 1 country;20 Somalia is a Category 3, listed as needing priority attention and currently under a notice suspending all commercial trade;21 and Somaliland is not eligible to sign the treaty, and therefore not assessed regarding CITES compliance levels. with those 43 CITES recommendations. Detailed results are available in Annex II and the following is a summary of them. Summary Results Ethiopia – CITES Compliance Analysis CITES National Legislation Checklist The foregoing requirements are, however, considered only a minimum. To fully secure the implementation of CITES, the Secretariat has developed an assessment guideline (‘Legislation Checklist’) that identifies legal content (herein referred to as best practices, or BPs) to enable the consistent and detailed review of CITES implementing legislation. The checklist contains 70 concepts for consideration and is organized in 13 major conceptual categories.22 Annex II recreates a portion of that compliance checklist. For several reasons, not all 70 have been used in this assessment: § § § § § Some have been eliminated as they do not apply to the inquiry of this report (e.g., BP#14. definition of introduction from the sea, which is relevant to marine species but not cheetah trade). Others are not considered essential as indicated by the text making the recommendation (e.g., BP#70. Some countries may wish to…). Some are repetitive or at least overlapping and can either be merged or modified such that a single concept is reviewed. Others are potentially contrary to existing national legislation (e.g., earmarking of funds) and should be reviewed in a larger legal context. And finally, some are suggestive of general rather than specific content (e.g., the call to include ‘more detail’ concerning CITES permitting procedures), and therefore not ripe for assessment. All 70 recommendations were reviewed for their applicability to this assessment, and a final selection of 43 was made. Ethiopia’s legislation was then assessed to determine the degree of compliance 20 Status of Legislative Progress for Implementing CITES (Updated November 2019) Parties with Legislation in Category 1. Based on 43 Recommendations (100%) Full Compliance Partial Compliance No Compliance 11 14 18 26% 32% 42% The results indicate substantial room for improvement. Of the 43 best practices (herein BP) included in this review, only 11 of them are deemed fully incorporated in Ethiopia’s legislation and do not present any gap. Of the 32 remaining, 14 of them require improvements (marked - partial compliance) and the remaining 18 are completely missing (marked - no compliance) at this point. These gaps are distributed along the six main categories of recommendations established by CITES, but the area most in need is the one concerning permitting requirements. CITES relies heavily on the integrity of the permitting process but Ethiopia’s legislation is silent on most of the 16 selected best practices related to permitting: n.11 are full gaps (69%) and n.6 are partial gaps (38%). Among the full gaps are the prescription of the permit form, all of the permit procedures listed in BP #33 – as per CITES notation, as well as guidelines for captive breeding. Other individual areas of concern include the lack of specific mention of a Scientific Authority (CITESSA), its rights and duties (BP #21); the need to more explicitly prohibit acts along the trade chain (BP #50); the powers of enforcement officers (BPs #49, #51, and #53), and penalties that are sufficient to act as a deterrent (BP #64). approval of implementing legislation. Available at https://cites.org/eng/resources/ref/suspend.php. 22 CITES National Legislation Checklist 21 CITES Notification to the Parties, No. 2019/035, extending a pre-existing suspension of trade pending 9 Summary listing of the best practices either not addressed (Gap), or partially addressed (Partial Gap) in the legislation: 19. Gap - Management Authority’s power to mark General provisions, scope of application and authorities Border Control, consignments, traders, possession and domestic trade 1. Partial Gap - Inclusion of CITES Appendices I, II, 20. Partial Gap - Power to refuse to accept permits 2. 3. 4. 5. and III, and requirement to amend as soon as CITES amendments come into force. Gap - Definition of transit or transshipment (BP #16) Partial Gap - Statement that the legislation is applicable to trade in CITES specimens with any country, whether a Party or not. (BP #19) Partial Gap - Express statement granting power to issue permits and certificates to a Management Authority. (BP #20) Gap - Specific mention of a ‘scientific authority’ including rights and duties (BP #21) Permit requirements, form, validity, conditions and procedures any CITES specimen, including offenses for removing, altering, etc. (BP #47) from exporting countries based on ‘reasonable grounds’ (BP #49) 21. Partial Gap - Prohibition of the possession, transport, sale, offering for sale, and purchasing of any specimen of CITES-listed species that has been imported. (BP #50) 22. Partial Gap - Power to conduct investigations and detain specimens (BP #51) 23. Partial Gap - Specification of ports of entry and exit (BP #52) 24. Partial Gap - Mandatory seizure requirement whenever there are reasonable grounds (BP #53) 25. Gap: Requirement that traders exporting or reexporting CITES specimens keep a register of all transactions (BP #56) 6. Gap - Requirement that Management Authority be satisfied live specimens will be shipped so as to minimize the risk of injury, damage to health or cruel treatment (BP #26) 7. Gap - CITES quotas (BP #29) 8. Gap - Prescribed form, template or other content requirements for permits (BP #30) 9. Partial Gap - Period of validity of permits (BP #31) 10. Gap - Separate permit or certificate is required for each consignment of specimens (BP #32) 11. Gap - Permit procedures and conditions as per BP #33. 12. Partial Gap - Power to amend, suspend or revoke permits or certificates, including procedures. (BP #35) 13. Gap - Authority to disqualify a person, temporarily or permanently, from obtaining a permit or certificate (BP #36) 14. Gap - Guidelines for captive breeding (BP #41) 15. Gap - Export permit requirements for captivebred Appendix I specimens for commercial purposes; certificates of captive-breeding for all others (BP 42) 16. Gap - Licensing procedures and conditions for commercial operations (BP 43) 17. Gap - Definition of artificially propagated (BP #44) 18. Gap - Exchange of scientific material and registration of institutions (BP 45) Enforcement and Penalties 26. Partial Gap - Clear designation of enforcement departments and agents (BP #58) 27. Partial Gap - Powers of enforcement officers (BP #59) 28. Partial Gap - Offences committed by corporations punishable by national legislation. (BP #61) 29. Partial Gap - Attempts, aiding and abetting are also offences. (Checklist 62) 30. Gap - Penalties sufficient to constitute deterrent (BP #64) Disposal of Confiscated Specimens 31. Gap - Allow for the costs of returning confiscated live specimens to the country of origin or re-export to be charged to the guilty importer and/or carrier (BP #65) Reports 32. Gap - Management Authority has duty to prepare and submit annual reports and biennial reports on legislative measures (BP #69) 10 NATIONAL LEGAL FRAMEWORK Utilization Council of Ministers Regulation; and a new regulation for the establishment of a Wildlife Conservation Area Development Fund. This section takes a detailed look at the national laws governing several key components of wildlife trade in Ethiopia. Our analysis is informed by the following: The entire framework was reviewed by local staff and EWCA counterparts and is considered complete for the national level as of the date of this report. As per EWCA’s Legal Director, the complete legal framework includes: § § § § § the practicalities of wildlife trade principally for cheetah; the high mortality rate of confiscated cubs, and therefore the need to regulate placement;23 concerns raised by reports and key informants with knowledge of wildlife trade in Ethiopia; the project goal of examining the penalty provisions; the project goal of considering other areas of law, in particular legislation that may support local communities. In addition, CITES concerns have been taken into account. In 2014, the CITES Secretariat issued its Decision 16.72 highlighting the ‘importance of legislative and regulatory controls in detecting and preventing illegal trade in cheetahs.’24 Of particular concern, the Decision includes some conclusions that are also guiding the review: § § § The opportunity for Gulf States to adopt measures to tackle region-wide problems of uncontrolled keeping of and illegal trade in big cats; The need for East Africa to develop and adopt a common strategy to deal more effectively with confiscated live cheetahs. The possibility of cheetah parts and derivatives entering the traditional medicine market. Summary of the Legal Framework A total of 38 national laws and regulations were reviewed (see Table 2), as well as another three proposed legislative proposals – including a revised Wildlife Conservation and Utilization Proclamation, a revised Wildlife Development, Conservation and 23 CITES SC65 Doc. 39 (Rev. 2): Illegal Trade in Cheetahs (Acinonyx jubatus), Sixty-fifth meeting of the Standing Committee Geneva (Switzerland), 7-11 July 2014 § § § § § 3 Proclamations ratifying 3 international conventions 2 Proclamations (Wildlife and EWCA) 1 Regulation 7 Demarcation Areas (protected areas instruments) 6 Directives (3rd level regulation, containing guidelines for implementation) Additionally, two regions of the country have their own Wildlife Proclamations. The Somali Region, however, is not one of them. The framework compiled by Legal Atlas contains all five (5) Proclamations, the one (1) Regulation and seven (7) Demarcation Areas, as well as several other relevant laws. Still missing from this analysis are the 6 Directives and one of the two regional Wildlife Proclamations. The degree to which the missing documents impact the review cannot be estimated. Implementing legislation is often the vehicle through which laws are finally implemented. Their content could change some of the results included in this assessment. There are also gaps in the overall framework that appear to be a function of incomplete legal development (as opposed to laws that exist but have not been found); e.g., research has not located a hunting regulation, although it is called for in the Proclamation. Unlike the preceding, the impact of these gaps can be discussed, as the failure to develop such regulations may at least be highlighted by comparison to the format and content of similar regulations from other jurisdictions. A quick reference to the list of legislation is provided here.25 Additionally, Annex III provides a 25 The same list can also be found online in the Legal Atlas® platform at https://www.legalatlas.net/Wildlife_Trade/Legal_Framework/Ethiopia. 24 CITES Decision 16.72: Illegal Trade in Cheetahs (Acinonyx jubatus), 27th meeting of the Animals Committee Veracruz (Mexico), 28 April – 3 May 2014. 11 brief overview of the content of each piece of legislation in relation to wildlife trade. Table 2. List of Ethiopia’s Legislation relevant to Wildlife Trade PRIMARY LEGISLATION 1. Establishment of the Ethiopian Wildlife Development and Conservation Authority Proclamation Wildlife Conservation and Utilization Proclamation Wildlife Development, Conservation and Utilization Council of Ministers Regulation Ratification of the Convention on Migratory Species Ratification of the African-Eurasian Migratory Water Birds Agreement CITES Ratification Proclamation Ratification of IGAD Convention on Mutual Legal Assistance in Criminal Matters 2. 3. 4. 5. 6. 7. RELATED LEGISLATION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Constitution Executive Powers Proclamation Environmental Authority Proclamation Environmental Pollution Control Proclamation Environment Research Institute Regulation Biodiversity Conservation Institute Law Biodiversity Conservation Institute Law (1999 Amendment) Biodiversity Conservation Institute Law (2004 Amendment) Forest Development, Conservation and Utilisation Proclamation Animal Disease Prevention Proclamation Hides and Skins Marketing Proclamation Hides and Skins Marketing Proclamation (2018 Amendment) Hides and Skins Marketing Regulation Park Regulation (Alitash) Park Regulation (Awash) Park Regulation (Borena) Park Regulation (Gambella) Park Regulation (Qafta Shiraro) 26 International Consortium on Combating Wildlife Trade. (2012). Wildlife and Forest Crime Analytic Toolkit (Revised Edition). 27 Ayalew, M., M. Cirelli, and W. Sintayehu. (2013). Analysis of the Policy and Legal Frameworks for the Management of Wildlife Resources in Ethiopia; and Wamukoya, D. (2017). 19. Park Regulation (Simien Mountains) 20. Park Regulation (Bale Mountains) 21. Park Regulation (Senkele Swayne’s Hartebeests) 22. Criminal Code 23. Criminal Procedure Code 24. Corruption Crimes Proclamation 25. Anti-Money Laundering Law 26. Whistleblower Proclamation 27. Federal Police Commission Establishment Proclamation 28. Federal Police Commission Proclamation (2016 Amendment) 29. Customs Proclamation 30. Transport Proclamation 31. Firearm Proclamation Framework Analysis The Gap Analysis method draws primarily from four sources: § § § § ICCWC Wildlife and Forest Crime Analytic Toolkit (Revised Edition)26 Previous gap analyses conducted for Ethiopia wildlife legislation,27 Legal Atlas methods for best practice assessment, and Research conducted by the LICIT team. Legal Strategy Before discussing the details, this section takes a brief look at the overarching framework to highlight major concerns. The visual that accompanies this initial inquiry and that appears in Figure 1, referred to as the ‘Legal Strategy’, is drawn from the Legal Atlas® online platform and can be viewed there in interactive form using the links provided below.28 The commentary included here is in addition to what is contained in the platform. Analysis of Ethiopia’s Wildlife Policies and Laws. African Wildlife Foundation. 28 Account holders can follow this link directly to access the information - https://www.legalatlas.net/Wildlife_Trade/Legal_Framework/Ethiopia/legal_ strategy. 12 Figure 1. Wildlife Trade – Ethiopia Legal Strategy Whether or not intended, the types of laws used represent the ad hoc regulatory ‘strategy’ followed by a particular jurisdiction in addressing a given topic. The Legal Strategy visual recognizes three things: § that any given topic will be regulated by more than one law. This is illustrated by Error! R eference source not found., which lists the 38 pieces of Ethiopia’s legislation that in some way apply to wildlife trade. § that these laws come from different parts of a country’s legal system (e.g., administrative, constitutional, criminal, environmental law, etc.). This is discernible just from the names of the laws, even if it is not stated explicitly. The Regions and Districts Law, for example, would most likely be classified as an “Administrative” law as it regulates administrative authorities generally; whereas the Public Order and Security Law would fall under the category of “Defense and Security”. This categorization is important because it means they are often developed, at least initially, by different committees or groups 29 Wingard, J. et. al. (2020) Regulatory Frameworks Governing Wet Markets, Wildlife, and Zoonotic Disease: within a given legislative body in response to different concerns, expertise, and interests. § that the type of law means they naturally have different objectives, mandates, jurisdictional reach, and implementing agencies. The kind of law, and therefore its regulatory objectives, mandates, etc., have an impact on what is being regulated and how. This in turn impacts the law’s ability to address issues specific to a particular topic, in this case wildlife trade. The COVID-19 crisis has provided an unfortunate example of this, revealing that health and safety laws applicable to those markets where wildlife is sold, are primarily concerned with domesticated species and the meat processing industry, with little attention paid to the risk of zoonotic diseases coming from or affecting wildlife.29 As a result, the markets that sell wildlife where zoonotic disease is a concern fall into an unintended and mostly invisible gap. Before considering the question of ‘how well’ something is regulated, the initial inquiry is whether Rapid Survey of 37 Jurisdictions – Preliminary Results. Legal Atlas. 13 certain types of law are being used at all as part of the country’s overall strategy to combat illegal wildlife trade. In Ethiopia’s case, there are three types of law often found in the wildlife trade frameworks of other countries, but which are not being used.30 These include: § § § Telecom and Media – used to regulate advertising of wildlife, including online trade and liability for advertisements deemed illegal. In some jurisdictions this can include illegal wildlife. Health – used to regulate foods and medicines that contain wildlife-based ingredients. They will usually include sourcing, labeling, testing and reporting requirements Commerce – used to regulate the commercial aspects of wildlife trade including trade licenses, marks affecting wildlife products, etc. This is not to suggest that these types of laws must be used to regulate the issues listed, or that this is the only way to regulate. It is, however, indicative of major areas of regulation that are currently not part of the available strategy and that bear consideration going forward. For example, there has been some concern mentioned about wildlife trade connected to traditional medicine uses. The visual highlights a potential overarching legislative gap for this type of trade. § § § Enforcement and Intelligence – discussing the legal mandates for enforcement as they apply to various parts of the wildlife trade chain. International cooperation in criminal matters – discussing the legal tools available for managing instances of cross-border trade requiring judicial and investigatory support from foreign jurisdictions. Crimes and penalties – discussing the types of crimes and the applicable penalties directly applicable to wildlife trade. This focus implies that not all of the laws included in the framework have provided inputs for the gap analysis. All of them show relevance to wildlife issues, but only a selection has a significant bearing on the core concerns outlined. This gap analysis also omits questions concerning the overall functioning of some of the laws, as well as the prosecutorial system. In other words, this assessment does not pretend to cover all of the gaps that might be associated with, for example, Ethiopia’s protected areas system or its veterinary laws. Nor does it examine closely how prosecutions are conducted, the use of investigators, forensics and the like. However, all of these also have an impact on how well the country manages wildlife trade. Scope and Application National Gap Analysis Since LICIT is focused on fighting illicit wildlife trade, the analysis is consequently driven by that interest, resulting in the following areas being identified as the core legal areas or concerns to address: § § Scope and Application – discussing regulatory elements that manage the jurisdictional divisions and/or the extent to which the trade chain is covered by the identified legislation. Regulatory Development – discussing the status of implementing regulations and any gaps observed in the general development of such legislation. 1. Overlapping Federal and Regional Authority This is an issue in the current legislation, as well as in the proposed drafts. As structured, the legal system allows for the regulation of wildlife trade at both the national and regional level. It does not, however, provide guidance in instances for overlapping authority. 2. Inconsistent Definitions of Wildlife Trade The term ‘wildlife trade’ is defined in Art. 2(12) of the Wildlife Proclamation as “the import, export or re-export of wildlife or their products or any kind of business transaction related thereto;” Art. 12 of the same law states that the following are prohibited unless a permit has been obtained: 30 Based on results from Legal Atlas® platform covering 60 jurisdictions, primarily in Africa, South East Asia and the Americas. 14 a) Any activity of trade in wildlife and their products; b) the ownership, sale, transfer, export or import of any processed or unprocessed wildlife product. The separate treatment of ‘trade in wildlife’ in Art. 12(a) is inconsistent with the concepts listed in Art. 12(b), as these would also normally be associated with trade. The differences between Art. 2 and 12 may seem subtle but as “wildlife trade” is one of the foundational concepts of the law with repercussions for its application as a whole, the inconsistency requires attention. 3. Incomplete Coverage of the Wildlife Trade Chain As stated before, the term ‘wildlife trade’ is defined in Art. 2(12) of the Wildlife Proclamation as “the import, export or re-export of wildlife or their products or any kind of business transaction related thereto;” Lacking a formal definition for the term ‘business transaction’ in in Art. 2(12) turns raises questions about the coverage of some parts of the wildlife trade chain that ideally should be specified in the law. § § § § § § § § Sale Acquisition, including purchase and solicitation for purchase of wildlife products Advertising wildlife and wildlife products, including online advertising and transactions Processing of wildlife Transportation of wildlife Consumption of wildlife Possession of wildlife Use of wildlife in exhibitions and performances Use of wildlife for scientific research 4. The power to issue regulations is stated in the Wildlife Conservation and Utilization Proclamation but may need clarification: § § § This may be a function of how the power to issue laws and regulations is formulated and practiced; or it may be that certain areas are not yet recognized as critical to the adequate management of wildlife trade in Ethiopia. In either case, the following have been identified as candidates for further regulatory development. Art. 13 lists the powers and duties of the Ministry Art. 14 lists them for Ethiopia’s Regions Art. 17 delegates: • to the Council of Ministers, the authority to issue regulations; and • to the Ministry, the power to issue Directives. It is not clear, however, whether this is intended to confer broad discretionary powers or whether it can only be exercised where the Proclamation also calls for a specific regulation. 5. Regulatory Development Needs There are provisions in the Wildlife Proclamation that expressly state that regulations will be issued to further develop specific procedures, and it would be considered best practice to have them. Unfortunately, there is no similar statement in the law for a number of management issues whose regulations are also missing, posing challenges for both implementation and enforcement. Areas that should be considered for regulatory development, in addition to those already identified in the CITES Legislation Checklist, include: § Hunting and Hunting Areas – Art. 8 calls for the regulation of the hunting permits but does not otherwise call for the full regulation of hunting overall. Numerous areas of management need to be addressed, including some of the ones already listed in Art. 8, inter alia 1) listing game animals, 2) hunting seasons, 3) permitted and prohibited methods for hunting and trapping; 4) hunting areas; 5) procedures for setting hunting quotas, and more. § Wildlife Trade Regulations – Art. 12 regulates trade in wildlife and their products ostensibly permitting trade pursuant to a permit but otherwise provides no details on whether and how particular forms of trade will be regulated, including but not limited to: • Processing • Hide and leather trade • Live animal trade • Exhibitions • Markets (where wildlife are sold) Regulatory Development In addition to the gaps identified in the ‘Legal Strategy’ section, there are a number of areas that either have minimal or no legislative basis for their management. Power to Issue Regulations 15 § Protected Areas – Arts. 4 and 5 call for the designation of federal and regional protected areas, but there is no overarching set of management standards and practices common protected area systems. § Evidentiary Protocols – a key impediment to the adequate prosecution of wildlife trade comes from the lack of evidentiary protocols adapted to the particular needs that identifying and preserving perishable wildlife evidence requires. While this may be more detail than can be adequately covered in the law, reference could be made to establish such and for these to be based on accepted best practices. § Confiscated animal protocol – according to reports and as confirmed in interviews, the question of how to manage confiscated animals is a critical regulatory development need for cheetah. Enforcement 6. Limited Powers of Wildlife Anti-Poaching Officer The Anti-Poaching Officers’ power to arrest is limited to when they find that an offense has been committed. This may be a translation problem, but the question is whether a person must be observed committing the crime or whether there need only be sufficient evidence for the enforcing officer to believe a crime has been committed. Regardless, there are several desirable enforcement powers/duties of the anti-poaching officers not mentioned in the law, among them: § § § § § 7. Which laws they may enforce Whether, how and when they may use force Power to carry and use of weapons Power to investigate Power to collect evidence Investigations There are wide variety of investigation powers, procedures and techniques that are commonly present in wildlife laws and regulations but that are missing in Ethiopia’s Wildlife Proclamation. Among these are: § § § Types of investigative powers Investigation procedures and techniques Information and evidence gathering § § § § § § § § § Identification of suspects Interviewing Forensics and crime scene investigation Witness and victim protection Community policing Partnerships Reporting offences Facilities and equipment Financial investigations The Criminal Code addresses investigations in several articles but only for purposes of their effect on statutes of limitation, what constitutes a criminal investigation, etc. Powers, techniques and procedures are otherwise not directly mentioned. The Criminal Procedure Code addresses some of the powers in the list (e.g., interviews) but not all and only as they apply to the authorities of the police. The relationships between the Anti-Poaching Officers, the Police and the powers mentioned in the Criminal Procedure Code are unclear. Related to the foregoing are the following intelligence gathering powers that would be worth considering as additional to the investigation powers listed above: § § § § § Intelligence gathering and exchange Covert techniques Informants Patrols and checkpoints Proactive investigations International cooperation in criminal matters 8. Foreign Crimes Ethiopia’s Criminal Code, Art. 22, provides for the prosecution of crimes predicated on acts committed in a foreign jurisdiction. There is no limit on the type of crime, but the Code does limit the court’s jurisdiction to instances of dual criminality; i.e., the crime alleged must be a crime in both jurisdictions before the court will exercise authority to hear the case. Ethiopia’s list of wildlife crimes is more detailed than the other three jurisdictions in the LICIT project, but there is still little overlap and consistency between it and its neighbors. The differences in wildlife crime concepts likely limits the successful exercise of jurisdiction over crimes committed in a foreign jurisdiction. Ethiopia ratified in 2012 the IGAD Convention on Mutual Legal Assistance (MLA) (see Table 1), which encourages member states ‘to render assistance in 16 the absence of dual criminality’ and to adopt such measures allowing it to render such service.31 The fact that the Criminal Code requires dual criminality poses an obstacle, if not an absolute barrier to the national implementation of those regional commitments. Several areas covered by the MLA Convention of particular interest in the prosecution of wildlife crimes are: § § § § Extradition Confiscation of assets Transfer of proceedings Transfer of sentenced persons 9. benefit from the express inclusion of penalties for the acts they regulate. These include: § Wildlife Development, Conservation and Utilization Council of Ministers Regulation – this regulation implements the Development Conservation and Utilization of Wildlife Proclamation, stating that any violation of the Regulation is to be penalized under the Proclamation. § Environment Research Institute Regulation establishes the government entity (Art 3) responsible for, inter alia, designing environment and forest conservation research strategies; preparing action plans and schedules, and implementing them once approved. (Art 6). In some jurisdictions, the failure to implement or the failure to abide by established management plans is the subject of administrative penalties. § Environmental Authority Proclamation – primarily directed at establishing this government body, it also includes provisions specific investigations. In particular, this includes the power to ‘enter any land, premise or any other place that falls under the federal jurisdiction, inspect anything and take samples as deemed necessary with a view to discharging its duty and ascertaining compliance with environmental protection requirements’ (Art. 6(15)). An authority of this type is often coupled with fines and penalties for preventing the exercise of this lawful authority but in this case, penalties are missing. § Hides and Skins Marketing Regulation – despite containing several obligations in Part III, governing several activities related to trade in hides, the regulation contains no penalties. § Park Regulation (Alitash) – grants the power to the park authority to ‘tak[e] …legal measures against those individuals who commit prohibited acts in the park.’ (Art. 6(3)), and contains a list of prohibitions that are directly relevant to wildlife trade. However, it contains no penalties for such violations. § Park Regulation (Borena) – grants the power to the park authority to ‘tak[e] …legal measures against those individuals who commit prohibited acts in the park.’ (Art. 6(3)), and contains a list IGAD, African Union and Other Regional Instruments and Strategies A major concern in the region is the need to harmonize wildlife trade related legislation to address cross-border trafficking and international trade that threatens certain species, e.g., cheetah. In addition to the IGAD MLA already mentioned, there are several other wildlife trade related instruments and strategies issued by IGAD, the African Union and other Regional Organizations that Ethiopia is committed to support/implement. However, a formal statement connecting these international instruments with national legislation is missing. The Wildlife Proclamation is an opportunity to make that connection and include a specific reference to the international instruments that is intended to implement or for which compliance is a requirement. Depending on drafting requirements, this can be done in the Preamble or directly in the Objectives of the Proclamation, as guiding both the intent and application of the law. Crimes Analysis 10. Penalties across the Framework Of the 38 laws identified as part of Ethiopia’s legal framework for wildlife trade, more than half (n. 20) contain no penalty provisions. For some, this is a normal format, as they are either ratifying documents, administrative or other general governance related legislation for which penalties are not usually included. For others (n. 7), however, the activities and resources they regulate can be focal points for wildlife trade and therefore would 31 Art. 33 of the MLA Convention. 17 § of prohibitions that are directly relevant to wildlife trade. However, it contains no penalties for such violations. for the application of liability in the context of a business, and no mention of how a prison sentence might be applied. Transport Proclamation – this proclamation is generally applicable to transport but contains no penalties for the violation of its requirements. 13. Identifying all possible actors in the criminal chain 11. Definition of offenses in the Wildlife Conservation and Utilization Proclamation The law dedicates a single article (Article 16) to define all wildlife offenses and penalties. The article covers: § § § § hunting offenses; wildlife trade offenses; unauthorized activities in conservation areas, and possession offenses. There are numerous gaps between the acts being prohibited or deemed illegal along the different articles of the law and the acts being declared offenses in Art. 16. Critically, several parts of the trade chain do not appear to be penalized at all. That poses unnecessary legal obstacles to prosecute offenders that, while not directly responsible for the illegal take of a cheetah, for example, are caught during: § § § § § Transportation Processing Sale Purchase Online trade 12. Matching the crime to the perpetrator It is well known that criminal activities carried out by business or by individuals have substantially different degrees of impact. In the context of wildlife crimes, best practices call for differentiated and higher penalties to legal entities when compared with individual offenders. In Ethiopia, Art. 16 of the Wildlife Proclamation applies penalties to ‘persons’, which includes legal entities as defined in Art. 2(5). There is, however, no differential penalty for legal entities, no structure 32 Pascual, M., J. Wingard, N. Bhatri, A. Rydannykh, and J. Phelps. (2020). Global taxonomy of wildlife offenses. (In progress). The classification includes 487 offense types organized into 16 overarching categories (level-1) divided into 77 main types of wildlife offenses (level-2). In some cases, The profile of the cheetah trafficking outlined in the introductory section describes networks involved in harvesting cubs in the wild, holding them before and after crossing international borders, land and sea transport, and end market sales. Tackling networks requires specific language because many of those involved solely provide logistical support which, by itself, would not be considered a crime. Unlike Ethiopia’s Criminal Code and Anti-Money Laundering law, the Wildlife Proclamation makes no inclusive mention of the possible actors in the criminal activity. To cover this gap, the recommendation is to consider adding language similar to Ethiopia’s Anti-Money Laundering Statute: Any person who participates in the commission, conspires to commit, attempts to commit or aids, abets, facilitates or conceals the commission of any of the elements of the offence mentioned in paragraphs (a) to (c) of this sub-article; 14. Closing gaps in penalizing misconduct along the trade chain Annex III presents the result of applying a standardized classification of wildlife offenses to Ethiopia’s legislation. This classification was developed by Legal Atlas after an exhaustive review of offenses a cross-section of eight jurisdictions representing a variety of legal systems, languages, and approaches.32 The classification serves multiple purposes, starting with providing a first-ever panoramic view of all possible wildlife-related crimes. As used in this assessment, its application allows a rapid comparison of a given country’s approach to criminalizing misconduct along the trade chain, highlighting strengths and weaknesses. The following table summarizes the results, which can be reviewed in detail in Annex III. The table takes the main wildlife offenses (77 level-2 offense types) and wildlife offense types are disaggregated to provide more detail resulting in 256 level-3 wildlife offenses and 138 level-4 wildlife offenses. 18 shows the degree to which this offense is included in the country’s laws. and penalties associated with wildlife crimes in different legislations. While Ethiopia has one of the stronger approaches within the Horn of Africa region, there are nonetheless a number of related activities for which there is only partial or no criminalization. Of the 77 offense types reviewed, Ethiopia’s legislation fully incorporates just 16. Another 17 are partially included and 22 (almost 30%) are not considered crimes. Several offenses (11) were considered not applicable (N/A) as Ethiopia’s approach to management make that offenses unnecessary. Finally, another 11 offenses have been not yet classified, pending refinement of legal interpretation. Annex IV shows which penalty types are being used for which crime types based only on the wildlife offenses that apply to Ethiopia. The country uses a total of eight penalty types when sanctioning wildlife offenses including fines (1), confiscations (3), license revocation (7), and disqualification for license (8), imprisonment (17), reparation (19), compensation (20). Table 4. Administrative and Criminal Penalty Types Annex III shows how gaps presented in Table 3 (in yellow and red) are distribute along the entire chain, affecting hunting, transportation, trading breeding, scientific research, uses, possession and exhibition of wildlife. Table 3. Potential Gaps in Ethiopia Criminalization of Wildlife Offenses Global Wildlife Offenses Classification – Ethiopia Status Based on 77 Level-2 Wildlife Offenses YES PARTIAL NO N/A Unknown 16 17 22 11 11 21% 22% 29% 14% 14% 15. Considering expanding Penalty Types Penalty design is at the core of justice administration as it represents the attempt to pair offenses with meaningful sanctions. Many objectives can inspire the design of penalties including the following: § § § § § § § § deterring and preventing illegal conduct removing offenders repairing damage caused denying the benefit of the crime to offenders denying access to privileges rehabilitating the conduct of the offender compensating the government for the expenses of law enforcement compensating society for the damages Those objectives are achieved usually through the combination of different types of penalties. Table 3 presents a list of 22 penalty options that Legal Atlas has compiled through the review of offenses The analysis calls for the potential benefits of exploring additional penalty types to better cover sanctioning objectives. 16. Penalty levels This country assessment took into account the increased penalties included in the 2019 Wildlife Proclamation Bill. Similarly, Annex IV takes into account both current and proposed new fines. The determination of penalty levels is indeed a complex national subject but the goal of harmonizing wildlife 19 crime laws in the region makes this a critical task. Uneven penalty approaches open the door to venue shopping either by the criminal organizations involved or by defense at the time of prosecution. Table 5. Comparative Penalties for the “Hunting Protected Wildlife” in 8 countries, 2019 For benchmark purposes, Table 5 shows the levels of fines and prison time for hunting protected species in jurisdictions that, like Ethiopia, qualify as source countries for transnational wildlife crime. The table includes sanctions from eight different jurisdictions and was elaborated in a 2018 by Legal Atlas. Ethiopia is on the lower end of the monetary fines with a maximum fine of USD 3,000 for protected species if inside a protected area; and USD 9,000 if a species is subjected to a ban. Table 6. Classification of Aggravating and Mitigating Circumstances applicable to Wildlife Offenses 17. Absence of Aggravating and Mitigating Circumstances For the crimes and penalties listed, the law makes no mention of any aggravating or mitigating circumstances – facts that increase or decrease the applicable penalties based on culpability, seriousness of the crime, or environmental impact. The Criminal Code recognizes them in numerous provisions (see Art. 22, Art. 25, 38, etc.). It would be consistent with Ethiopia’s legal system to recognize them here as well. Consider increasing penalties for: § § § § § § Prior record for similar offenses Prior record for the same offense Operating in the context of an organized crime group Violations by government officials (Corruption) Violations involving any endangered species Violations of more than a defined volume or defined value. 20 CONCLUSIONS LEGAL ENVIRONMENT Not necessarily in order of importance, the key issues raised in the gap analysis are: This review covers more than just the current legislation, including commentary on the proposed amended Proclamation and its implementing Regulation (see Annex IV and V). A number of the conclusions are nonetheless similar, as several of the gaps observed are the same or substantially so for both the current and proposed laws. POLICY ENVIRONMENT Ethiopia’s wildlife policy only identifies four measures: § § § § establishing checkpoints at ports; meeting international wildlife safety standards; conducting trade pursuant to national and international law; and establishing quarantine procedures. There is no discussion of several regulatory and management issues known to affect the country’s ability to combat wildlife crime. Developing a more robust policy would provide support to further legal development that targets critical problems. Among the issues identified are: § § § § § § § § the powers and authorities of wildlife enforcement officers the role and authority of the military in managing border areas where most trade occurs; the regulation of online trade; the application of AML and organized crime legislation; the use of mobile phone technology facilitating on demand trade, the investigation into suspected holding centers the application of money laundering charges or similar additional criminal charges the regulation of rescue centers Implementing CITES – although Ethiopia is a Category I country, there are still numerous areas for improvement. Ethiopia’s legislation is, for example, silent on most of the 16 best practices directed at the CITES permitting process: n.11 are full gaps (69%) and n.6 are partial gaps (38%). Among the full gaps are the prescription of the permit form, all of the permit procedures listed in BP #33, as well as guidelines for captive breeding. Other individual areas of concern include the lack of specific mention of a scientific authority, its rights and duties (BP #21); the need to more explicitly prohibit acts along the trade chain (BP #50); and the powers of enforcement officers (BPs #49, #51, and #53). Covering the Trade Chain – noted in several parts of the current and draft laws is the need to consistently define and address activities across the trade chain. Major areas of law missing that are still missing from the framework are: § § § Telecom and Media, Health, and Commerce Regulatory development – numerous areas are ripe for the development of implementing regulations. Some of these have been identified in the law itself, but there are others whose drafting would be consistent with best practices. Including areas identified in both the current and proposed legislation, these are: § § § § § § § § Hunting and Hunting Areas Wildlife Conservation Wildlife Trade Protected Areas Evidentiary Protocols Confiscated Animals Protocol Revenue Sharing Rescue Centers 21 Permitting Processes – related to the preceding is the reliance on as yet undefined permitting processes. This is especially prevalent in the format for the proposed new legislation. The Proclamation mentions or appears to require at a minimum the development of the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Hunting Breeding Ranching Capture Trading Ownership Possession Live Trade Care of Confiscated Wildlife Import and Export CITES related trade Filming Study and Research Private Protected Areas Other forms of wildlife use Coordination and Collaboration – both at the national and international level, Ethiopia would benefit from the definition and use of formal systems of coordination and collaboration to improve its ability to enforce, investigate, and prosecute wildlife crime. § Park Regulation (Borena) In other instances, gaps are a function of the wording of specific penalty provisions. Of most concern is the criminalization of acts across the illicit trade chain. In the current law, several parts of the trade chain do not appear to be covered. These are: § § § § § Transportation Processing Sale Purchase Online trade Finally, there is the missed opportunity to adapt the penalty to the crime and perpetrator. Tools often used but not found in Ethiopia’s criminal provisions (other than the Anti-Money Laundering Law) include: § § § Aggravating and mitigating circumstances Identification of all possible actors and action engaged in illicit activities Matching the penalties to the perpetrator; e.g., higher penalties for organized crime syndicates or formal business operations, loss of licenses, etc. At the national level, this would principally mean refining overlapping federal and regional powers. At the international level, this would include making use of the IGAD Mutual Legal Assistance Convention, as well as the signing and/or implementation of the wildlife trade related international agreements identified in Table 1. List of applicable international and regional agreements relevant to the management of wildlife trade in Ethiopia. Criminal Sanctions – the overall framework has a number of opportunities to improve sanctions for involvement in illegal wildlife trade. Some of these include the addition of specific penalties for violations of laws and regulations that are currently silent on the application of penalties. These include: § § § § § Wildlife Development, Conservation and Utilization Council of Ministers Regulation Environment Research Institute Regulation Environmental Authority Proclamation Hides and Skins Marketing Regulation Park Regulation (Alitash) 22 ANNEX I. NATIONAL FRAMEWORK OVERVIEWS NO. YEAR LAW NAME OVERVIEW Ethiopia’s Ethiopian Wildlife Development and Conservation Authority Establishment Proclamation is directly related to wildlife trade. It establishes the Ethiopian Wildlife Development and Conservation Authority (Art. 3) and provides it with powers and duties that include the following: 1 2 2008 Ethiopian Wildlife Development and Conservation Authority Establishment Proclamation 2007 Development Conservation and Utilization of Wildlife Proclamation 1. preparing draft policies and laws relating to the development, conservation and utilization of wildlife resources; as well as implementation; 2. developing and administering wildlife conservation areas established under it and controlling illegal activities committed in the areas; 3. issuing permits and health certificates to export and import any wildlife or wildlife products; 4. controlling the utilization of wildlife products to ensure its compliance with the objectives of the permit, and make impact assessments on the product; 5. ensuring the implementation of treaties to which Ethiopia is a party; compile and submit periodical reports to the concerned international institutions; Ethiopia’s Development Conservation and Utilization of Wildlife Proclamation directly regulates wildlife trade. Art. 12 expressly prohibits a) any activity of trade in wildlife and their products; and b) the ownership, sale, transfer, export or import of any processed or unprocessed wildlife product, unless a permit has been obtained. (Art. 12(1)(a-b). According to the same article, the authority to issue such permits has been granted to the Ministry and the concerned regional organs. (Art. 12(2)). Wildlife trade crimes are subject to a fine of not less than Birr 5000 and not exceeding Birr 30,000 or with imprisonment not less than one year and not exceeding five years or with both such fine and imprisonment. (Art. 16(1)). 23 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis NO. 3 4 5 6 7 YEAR LAW NAME OVERVIEW 2008 Wildlife Development, Conservation and Utilization Council of Ministers Regulations Council of Ministers Regulations No. 163/2008 to Provide for Wildlife Development, Conservation and Utilization directly regulates wildlife trade. In particular, Art. 5 prohibits several activities inside protected areas, including a) possessing or transferring of any weapon; and b) hunting or fishing. (Art. 5(1)(a-b). Art. 5.b lists the activities that area allowed inside protected areas under permitting. Article 6 also prohibits hunting within controlled hunting areas or community conservation areas or any other potential wildlife area, "unless carried out in accordance with conditions of a permit issued pursuant to these Regulations with reference to a specific controlled hunting area." (Art. 6(1)). Article 25 sets out the list of prohibited methods. 2009 Convention of the Migratory Species of Wild Animals Ratification Proclamation No. 634/2009 Ethiopia’s Convention of the Migratory Species of Wild Animals Ratification Proclamation is relevant to the regulation of wildlife trade, establishing the Ethiopian Wildlife Conservation Authority as the government body principally responsible for implementing the Convention. (Art. 3.) This law is not the full implementing legislation, as it is restricted to establishing the primary implementing agency., 2002 Animal Diseases Prevention and Control Proclamation Ethiopia’s Animal Diseases Prevention and Control Proclamation has several provisions directly related to wildlife trade. Although directed principally at domestic animals (see Preamble), the definition of ‘animal’ includes wildlife (Art. 2(3)); and several provisions establish the foundations for controlling trade. Primarily these are directed at establishing and enforcing animal health standards (Part Two, Arts 3-9), but also include Establishment and Supervision of Quarantine Stations (Art. 10); Establishment of Entrance and Exit Posts (Art. 11); Export of Animals, Animal Products and By-Products (Art. 12); Importation of Animals, Animal Products and By-Products (Art. 13); International Animal Health and Sanitary Certificates (Art 14); Animal Movement Permits (Art. 15), among others. 1998 Institute of Biodiversity Conservation and Research Establishment Proclamation Ethiopia’s Institute of Biodiversity Conservation and Research Establishment Proclamation is directly related to wildlife trade. Primarily intended to establish the government body (Art. 3) responsible for conservation of biodiversity. It is also charged with initiating policy and legislative proposals, as well as ensuring their implementation and enforcement once approved. (Art. 6(1), as amended 2004). Although wildlife trade is not explicitly mentioned, several provisions suggest that its involvement is expected. See for example, Art. 6(9), as amended in 2004) calling for the Institute to identify processes that promote or threaten the existence of the Country’s biodiversity resources; formulate and propose policy ideas to concerned authorities which enable to promote the healthy processes and control the threatening ones.’ 1999 Institute of Biodiversity Conservation and Research Ethiopia’s 1999 Amendment to Institute of Biodiversity Conservation and Research Establishment Proclamation is relevant to wildlife trade to the extent it repeals Art. 15 of the 1998 Proclamation and states that the Wildlife Conservation and Development Authority 24 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis NO. 8 9 10 11 YEAR LAW NAME OVERVIEW Establishment (Amendment) Proclamation shall continue to carry out its functions in accordance with the Wildlife Conservation and Development Proclamation No. 192/1980 (as amended). 2004 Institute of Biodiversity Conservation and Research Establishment (Amendment) Proclamation Ethiopia’s 2004 Amendment to Institute of Biodiversity Conservation and Research Establishment Proclamation is related to wildlife trade to the extent it amends several articles in the 1998 Proclamation, including in particular Article 6. Powers and Duties. Conservation and cooperation in the control of processes that threaten biodiversity is mandated by Art. 6(9). Wildlife trade, however, is not expressly mentioned. 2014 Ethiopian Environment and Forest Research Institute Establishment Council of Ministers Regulation Ethiopia’s Environment and Forest Research Institute Establishment Council of Ministers Regulation is related to wildlife trade, as it establishes the government entity (Art 3) responsible for, inter alia, designing environment and forest conservation research strategies; preparing action plans and schedules, and implementing them once approved. (Art 6). The Institute’s jurisdiction includes wildlife to the extent wildlife fall within the definition of ‘environment’ and ‘pollution’ as defined in (see Article 2 (6) and (12) of the Environmental Pollution Control Proclamation No. 300/2002) (Art. 2(3)). 1995 Constitution 2015 Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic Ethiopia’s Constitution has several provisions that are least indirectly related to wildlife trade. Pursuant to Art. 92(4), the government and all citizens have the duty to protect the environment. The ownership, management and use of natural resources are also mentioned several articles (e.g., Art. 40(3), Art. 49(5), Art. 51(5), Art. 52(2)(d), 55(2(a), Art. 89(5), and Art. 97(10)). Further, Art. 44(1) states that ‘[a]ll persons have the right to a clean and healthy environment.’ Paragraph (2) of the same article further states that ‘[a]ll persons who have been displaced or whose livelihoods have been adversely affected as a result of State programmes have the right to commensurate monetary or alternative means of compensation, including relocation with adequate State assistance.’ There is, however, no express mention of wildlife. Ethiopia’s Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation is related to wildlife trade to the extent it establishes the powers and duties of the executive branch, including the creation of the Ministry of Agriculture and Natural Resources. (Art. 9(7)). Relevant to the management of trade in terrestrial wild fauna, the Ministry has the authority to ‘promote sustainable natural resources development and protection’ (Art 19(1)(e). 25 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis NO. YEAR LAW NAME OVERVIEW of Ethiopia Proclamation Ethiopia’s Environmental Protection Organs Establishment Proclamation reestablishes the Environment Authority to act as a coordinating body for environmental management (Art. 3), including several powers relevant to wildlife trade. (Art. 6). Among these are: 12 13 14 2002 2002 2005 Environmental Protection Organs Establishment Proclamation Environmental Pollution Control Proclamation The Alitash Park Demarcation and Administrative Determination, Council of Regional Government Regulation • the preparation of environmental policies strategies and laws, as well as monitoring and enforcement (Art. 6(2); • take part in the negotiations of international environmental agreements (Art. 6(8)); • formulate, or initiate and coordinate the formulation of policies, strategies, laws and programs to implement international environmental agreements (Art.6(9)); • in accordance with the provisions of the relevant laws, enter any land, premise or any other place that falls under the federal jurisdiction, inspect anything and take samples as deemed necessary with a view to discharging its duty and ascertaining compliance with environmental protection requirements. (Art. 6(15)). Ethiopia’s Environmental Pollution Control Proclamation has two provisions potentially relevant to wildlife trade. The first is the definition of environment in Art. 2(6), (which is cross-referenced by …) and states that "Environment" means the totality of all materials whether in their natural state or modified or changed by humans, their external spaces and the interactions which affect their quality or quantity and the welfare of human or other living beings, including but not restricted to, land, atmosphere, weather and climate, water, living things, sound, odor, taste, social factors, and aesthetics.’ Also potentially relevant is the definition of ‘pollution’ in Art. 2(12) which includes ‘any condition which is hazardous or potentially hazardous to human health, safety, or welfare or to living things created by altering any physical, radioactive, thermal, chemical, biological or other property of any part of the environment in contravention of any condition, limitation or restriction made under this Proclamation or under any other relevant law.’ Ethiopia’s Alatish Park Demarcation and Administrative Determination, Council of Regional Government Regulation establishes a national protected area (Art. 3) named after the river that flows dividing the interior of the area by half. (Art. 3(1)). It has three articles directly related to wildlife trade. The first, Art. 2(3), defines ‘wild life’ as ‘a phrase that accommodates a host of untamed, terrestrial and aquatic various species of animals found in nature, move on land and fly in the air, also encompassing their habitat, sanctuary and breeding areas, and is thereby an expression of diverse biological resources.’ Under Art. 6(3), it has the authority to ‘tak[e] …legal measures against those individuals who commit prohibited acts in the park.’ Under Art. 7, relevant prohibited activities include: • • • Entering the park with any firearms; (Art. 7(1)) Hunting for, frightening or driving away wild animals; (Art. 7(3)) Taking away eggs of birds and reptiles; (Art. 7(5)) 26 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis NO. YEAR LAW NAME OVERVIEW • • 15 16 17 18 2009 2014 2015 2015 The Borena-Saynt Park Demarcation and Administrative Determination, Council of Regional Government Regulation Awash National Park Designation Council of Ministers Regulation Gambella National Park Designation Council of Ministers Regulation Qafta Shiraro National Park Designation Council Picking up, taking away, damaging, polluting or ruining natural or man-made items; (Art. 7(6)) Being apprehended with a trap or setting same in order to attack wild animals; (Art. 7(16)). Ethiopia’s Borena-Saynt Park Demarcation and Administrative Determination, Council of Regional Government Regulation establishes a national protected area (Art. 3) named after the river the Denkoro forest found within it. (Art. 3(1)). It has three articles directly related to wildlife trade. The first, Art. 2(3), defines ‘wild life’ as ‘a phrase that accommodates a host of untamed, terrestrial and aquatic various species of animals found in nature, move on land and fly in the air, also encompassing their habitat, sanctuary and breeding areas, and is thereby an expression of diverse biological resources.’ Under Art. 6(3), it has the authority to ‘tak[e] …legal measures against those individuals who commit prohibited acts in the park.’ Under Art. 7, relevant prohibited activities include: • • • • • Entering the park with any firearms; (Art. 7(1)) Hunting for, frightening or driving away wild animals; (Art. 7(3)) Taking away eggs of birds and reptiles; (Art. 7(5)) Picking up, taking away, damaging, polluting or ruining natural or man-made items; (Art. 7(6)) Being apprehended with a trap or setting same in order to attack wild animals; (Art. 7(16)). Ethiopia’s Awash National Park Designation Council of Ministers Regulation establishes a national protected area in the Oromia and Afar States (Art. 4). Under Art. 9, the following activities relevant to wildlife trade, in addition to those listed in Article 5(1) of the Wildlife Development, Conservation and Utilization Council of Ministers Regulation No. 163/2008, are prohibited: • • entering the park holding poisonous substances; Art. 9(1) entering the park with a snare or a hunting weapon. Art. 9(3) Ethiopia’s Gambella National Park Designation Council of Ministers Regulation establishes a national protected area in the Gambella State (Art. 3). Under Art. 9, the following activities relevant to wildlife trade, in addition to those listed in Article 5(1) of the Wildlife Development, Conservation and Utilization Council of Ministers Regulation No. 163/2008, are prohibited: • • entering the park holding poisonous substances; Art. 9(1) entering the park with a snare or a hunting weapon. Art. 9(3) Ethiopia’s Qafta Shiraro National Park Designation Council of Ministers Regulation establishes a national protected area (Art. 3) in the Tigray State (Art. 4). Under Art. 9, the following activities relevant to wildlife trade, in addition to those listed in Article 5(1) of the Wildlife Development, Conservation and Utilization Council of Ministers Regulation No. 163/2008, are prohibited: 27 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis NO. 19 20 YEAR 2015 2015 LAW NAME OVERVIEW of Ministers Regulation • • Simien Mountains Nations Park Designation Council of Ministers Regulation Senkele Sanctuary Designation Council of Ministers Ethiopia’s Simien Mountains Nations Park Designation Council of Ministers Regulation establishes a national protected area (Art. 3) in Amhara State Gander Zone in Debarq. Janamora, Adi'arqay, Beyeda and Tselemt. (Art. 4). Under Art. 9, the following activities relevant to wildlife trade, in addition to those listed in Article 5(1) of the Wildlife Development, Conservation and Utilization Council of Ministers Regulation No. 163/2008, are prohibited: • • 21 22 2014 2013 Raw Hides and Skins Marketing Proclamation entering the park holding poisonous substances; Art. 9(1) entering the park with a snare or a hunting weapon. Art. 9(3) Ethiopia’s Senkele Swayne's Hartebeest Sanctuary Designation Council of Ministers Regulation establishes a national protected area (Art. 3) in the Siraro wereda of West Arsi zone and the Hawassa wereda of Sidama zone (Art. 4). Under Art. 9, the following activities relevant to wildlife trade, in addition to those listed in Article 5(1) of the Wildlife Development, Conservation and Utilization Council of Ministers Regulation No. 163/2008, are prohibited: • • Bale Mountains Nations Park Designation Council of Ministers Regulation entering the park holding poisonous substances; Art. 9(1) entering the park with a snare or a hunting weapon. Art. 9(3) • entering the park holding poisonous substances; Art. 9(1) • entering the park with a snare or a hunting weapon. Art. 9(3) Ethiopia’s Bale Mountains Nations Park Designation Council of Ministers Regulation establishes a national protected area (Art. 3) in Oromia State in Adaba, Disho, Goba, Dolo, Mena and Harena Beluku woredas. Under Art. 9, the following activities relevant to wildlife trade, in addition to those listed in Article 5(1) of the Wildlife Development, Conservation and Utilization Council of Ministers Regulation No. 163/2008, are prohibited: • • entering the park holding poisonous substances; Art. 9(1) entering the park with a snare or a hunting weapon. Art. 9(3) Ethiopia’s Raw Hides and Skins Marketing Proclamation may indirectly apply to wildlife trade. Pursuant to Art. 2(1) and (2), it covers raw hides and skins from ox, cow, steer, heifer, camel, sheep, goat, calf, crocodile, rabbit, ostrich, fish or other similar animals. It is not clear whether the ‘other animals’ would include wild fauna. It also only applies to persons directly or indirectly involved ‘in raw hides and skins marketing within the country.’ (Art. 3). Penalties are directed principally at those that violate the standards and requirements for those engaged in the industry. Two of these may be applicable to illegal trade in wildlife. 28 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis NO. 23 24 YEAR LAW NAME OVERVIEW 2018 Raw Hides and Skins Marketing (amendment) Proclamation Ethiopia’s Raw Hides and Skins Marketing (amendment) Proclamation is potentially applicable to wildlife trade but does not amend either the definitions of raw hides and skins, the scope of application; nor does it provide penalties different from those in the 2013 version of the Proclamation. It is included here for reference to the amended articles. 2015 Raw Hides and Skins Marketing Council of Ministers Regulation Ethiopia’s Raw Hides and Skins Marketing Council of Ministers Regulation implements the Raw Hides and Skins Marketing Proclamation and is generally relevant to wildlife trade to the extent it defines and limits legal trade in raw and fresh hides and skins. It provides for reporting illegal activity (Art. 15) and the disposal of seized hides and skins (Art. 16). However, raw and fresh hides and skins from wild terrestrial fauna are not expressly mentioned. Ethiopia’s Forest Development, Conservation and Utilization Proclamation is relevant to the management of wildlife trade to the extent it: 25 2018 Forest Development, Conservation and Utilization Proclamation • applies to forests and forest biodiversity, which includes ‘animals’ (Art. 2(1) and (2); • applies to ‘forest products, which includes non-timber forest products including forest carbon and other forest ecosystem services (Art. 2(18); • prohibits hunting in state forests (Art. 25(4); It is not clear from the language of the law whether ‘non-timber forest products’ includes terrestrial wildlife as well. To the extent wildlife is included, the following penalties may apply: • illegal movement of forest products shall be punishable with simple imprisonment not less than six months and not exceeding one year and with a fine of Birr 5,000 up to Birr 10,000; (Art. 26(5) • illegal transport, accumulation and sale of forest products from state, association, community, and private forests is subject to rigorous imprisonment not less than 5 years and not exceeding 8 years and with fine from birr 15,000 up to birr 20,000; (Art. 26(8) 26 2005 Transport Proclamation 27 2014 Customs Proclamation Ethiopia’s Transport Proclamation may be generally applicable to wildlife trade, as it applies to the use of any road, or vehicle and driver (Art. 3(1)); any railways, trains and train operators (Art. 3(2); Ethiopian ships and seafarers (Art. 3(3); as well as ‘all matters related to land and water transport.’ However, wildlife is not mentioned, nor is there any express authority governing the regulation of animal or wildlife transport. Ethiopia’s Customs Proclamation has several articles that directly relate to wildlife trade. Intended to cover international trade in all ‘goods,’ the Proclamation first defines ‘goods’ as corporeal chattels, including intangible chattels that are treated as corporeal by law, and includes natural resources. (Art. 2(1)). Natural resources are not further defined, and animals are only mentioned briefly in a few 29 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis NO. YEAR LAW NAME OVERVIEW articles (see for example, Art 7). At least to some extent, wildlife is captured under the category of ‘prohibited goods’, which include any ‘good’ whose trade is prohibited by Ethiopia’s laws (e.g., Development Conservation and Utilization of Wildlife Proclamation, Art. 12) or international agreement ratified by Ethiopia. (e.g., CITES). The penalties for violating the Customs Proclamation are the following: • Anyone who knowingly or negligently imports, exports illegally or attempts to do so is subject to ‘rigorous imprisonment not less than five years and not exceeding ten years and with fine not less than Birr 50,000 and not exceeding Birr 200,000.’ (Art. 168(1)). • The penalty for anyone that knowingly or negligently ‘transports, stores, possesses, offers for sale or buys’ such goods is ‘rigorous imprisonment not less than three years and not exceeding five years and with fine not less than Birr 50,000 and not exceeding Birr I 00,000.’ (Art. 168(2)). • And finally, where the violation is committed in the context of an organized crime group, ‘the rigorous imprisonment shall extend from ten years to fifteen years.’ (Art. 168(3)). Ethiopia’s Federal Police Commission Establishment Proclamation is directly relevant to wildlife trade, in particular wildlife trade crimes. The Commission has numerous powers and duties, among them and relevant to wildlife trade: 28 29 30 2011 Ethiopian Federal Police Commission Establishment Proclamation • preventing and investigating crimes falling under the jurisdiction of federal courts, which by extension includes the country’s wildlife legislation; (Art. 6(4)) • investigating crimes relating to information network and computer systems; potentially including online wildlife trade crimes (Art. 6(5)(b) • conducting forensic investigations and submitting findings and expert testimony to the courts or requesting organ; (Art. 6(15)) • issuing permits for the possession, use, import, sale and repair of weapons and explosives and control their movement; (Art. 6(26)) 2016 Ethiopian Federal Police Commission Establishment (Amendment) Proclamation Ethiopia’s Ethiopian Federal Police Commission Establishment (Amendment) Proclamation makes no changes that have a direct impact on the responsibilities relevant to wildlife trade. It is limited to making the Commission accountable directly to the Prime Minister. (Art. 2). It is included in this list solely to ensure that the most complete version of the Proclamation and its amendments are available. 2013 Prevention and Suppression of Money Laundering and Financing of Ethiopia’s Prevention and Suppression of Money Laundering and Financing of Terrorism Proclamation applies to wildlife trade crimes that meet its definition of predicate offense. This is defined by Art. 2(4) as ‘any offence capable of generating proceeds of crime and punishable at least with simple imprisonment for one year.’ 30 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis NO. 31 YEAR 2015 LAW NAME OVERVIEW Terrorism Proclamation Pursuant to the Wildlife Development and Conservation Authority Establishment Proclamation, Art. 16(1), at least some wildlife trade related crimes meet this threshold. Under the Anti-Money Laundering law, Individuals may be held liable if they know or should have known that a property is the proceeds of such a crime. (Art 29). Corruption Crimes Proclamation Ethiopia’s Corruption Crimes Proclamation applies to corrupt practices generally, regardless of the resource or transaction involved. Although it does not a include specific reference to wildlife or wildlife trade, it is indirectly related as some of the offences described may apply to in instances of wildlife trade cases; e.g., abuse of power (Art. 9); bribery (Art. 10); acceptance of undue advantages (Art. 11); Maladministration of Government or Public Enterprise work (Art. 13, among others. 32 2004 Criminal Code Ethiopia’s Criminal Code is the primary law regulating criminal offences and has several provisions directly and indirectly related to wildlife trade. The law regulates, inter alia, ‘the exploitation of wild animals’ (Art. 353(1)(b), or the hunting or killing of such animals; (Art. 353(1)(c)); the violation of hunting and fishing rights (Art. 784(a)); and unlawful entry onto reserved hunting land (Art. 851(c)). Other crimes that may be related to wildlife trade are: receipt of ill-gotten gains (Art. 307); crimes against public office (407-426); Other articles that are indirectly related are those defining concurrent crimes and recidivism (Art. 60); other extenuating or aggravating circumstances (Arts. 82 - 86). 33 2004 Criminal Procedure Code Ethiopia’s Criminal Procedure Code regulates how crimes are investigated and prosecuted generally; e.g., joinder of charges, statutes of limitations, court jurisdiction, etc. Although it does not include a specific reference to wildlife trade crimes, its provisions are to be applied in all investigation and prosecution cases related to this topic. 2010 Protection of Witnesses and Whistleblowers of Criminal Offences Proclamation Ethiopia’s Protection of Witnesses and Whistleblowers of Criminal Offences Proclamation applies to the protection of witnesses generally, regardless of the crime committed. Although it does not include a specific reference to wildlife trade crimes, it will have relevance if such crimes, often associated with organized crime groups, are the underlying reason for its application. 2020 Firearms Administration and Control Proclamation Ethiopia's Firearm Administration and Control Proclamation No. 1177/2020 is indirectly related to wildlife trade. Its primary aim is the regulation of firearms manufacture, trade and use (see Art. 4 Prohibitions). Art 12(4) allows the 'Supervising Institution' to issue firearms licenses for hunting pursuant to the requirements of the Wild Animal Development and Protection Authority. 34 35 31 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis ANNEX II. CITES COMPLIANCE ASSESSMENT This table organizes the selected recommendations or best practices according to the categories used in the CITES Legislation Checklist, documenting compliance. The first column provides the numbering for the best practice as listed in the CITES Checklist; followed in the next column by the best practice concept. The middle column provides a simple rating on the Legal Atlas assessment for how well the identified best practice has been included in Ethiopia’s legislation. Rating is as follows: o o o green = in full compliance; yellow = in partial compliance red = non-compliance For all best practices, the final column includes commentary derived from the review. CITES No. CITES Best Practice Concept Ethiopia Status Ethiopia Compliance Assessment GENERAL CONSIDERATIONS 1 It is essential that any national law contain a general clause empowering the government to control international trade (and also domestic trade, possession and transport) in any species of animal or plant for conservation purposes. n Ethiopia’s legislation likely achieves the intent of this provision, although it does not use language as explicit as that recommended. See Proclamation, Art. 3 – stating the objectives, including: 2/ to create conditions necessary for discharging government obligations assumed under treaties regarding the conservation, development, and utilization of wildlife; 32 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept Ethiopia Status Ethiopia Compliance Assessment FIELD OF APPLICATION 7 Legislation applies to all animal and plant species, including their parts and derivatives, as listed in all three CITES appendices. n Review limited to law applicable to fauna. The main wildlife laws are applicable to all animals, including parts and derivatives, although there is no express mention of the CITES Appendices themselves, or a listing other than the national list provided. Art. 2 Definitions 1/ “wildlife” means any live or dead vertebrate or invertebrate animal, other than domestic animal; 3/ “wildlife product” means any sample of wild animal or its body part like, egg, embryo, horn, tooth, nail, skin, meat, hair, feather or trophy and includes products made thereof as well as bird nest, wood, grass, bark, flower, honey and the like obtained from the habitat of the wildlife; 8 9 Legislation includes three schedules containing the species listed in Appendices I, II, and III and that these schedules be amended as soon as amendments to the appendices have come into force (there should be a mechanism in the legislation or regulations to allow this). Other schedules may be used for non-CITES species the country may wish to include specifically within its trade controls. n Legislation uses CITES nomenclature for listing of species. n Ethiopia’s Convention on International Trade in Endangered Species of Wild Flora and Fauna Ratification Council of State Decree is a short document whose sole purpose is the ratification of the treaty, leaving the implementation of the treaty's requirements to other national laws and regulations. None of the other laws reviewed provide reference to CITES Appendices or incorporate them in an annex or other legal instrument. There is, however, at least a reference to ‘CITES’ species that may be legally sufficient, even if not ideal. Wildlife Development, Conservation and Utilization Council of Ministers Regulations No. 163/2008, Table X. 33 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept 12 The Convention definition of 'specimen' should be used in the legislation, and parts and derivatives must be included. Ethiopia Status n Ethiopia Compliance Assessment The law does not use the word ‘specimen’ instead referring to parts in its definition of ‘wildlife’ and ‘products.’ There is potential for these to be different from ‘specimens’, therefore creating a potential gap. However, without further indication that there is in fact a gap, this is considered a minor issue. 13 Trade controls should apply to any specimens that are parts or derivatives of CITES species. n Law and Regulation both have provisions applicable to CITES species; the term ‘specimen’ is not used. However, without further indication that this in fact creates a gap, this is considered a minor issue. 15 Import may be interpreted several ways and requires clarification, but the introduction of specimens under any Customs procedure other than transit and transhipment should be considered as an import in the sense of the Convention. n Regulation states: 28. Importation of Wildlife and Wildlife Products 1/ Wildlife and wildlife products may be imported only through customs port of entry upon presentation of satisfactory evidence to show that they have been lawfully exported from the country of origin and upon presentation of health certificate. 2/ Where the wildlife or wildlife products are of CITES species presentation of CITES export permit obtained from their country of origin and, where they fall under CITES Appendix I, CITES import permit obtained from the Authority shall be required. 16 Definitions of transit and transshipment should be provided in the legislation, and these should follow Resolution Conf. 9.7 (Rev. CoP15). n Article 30 of the Regulation uses the term ‘transit’ but it is not defined either there or in the Proclamation. 34 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept 18 The Convention should be applied to the whole of the territory over which the Party has sovereignty. Ethiopia Status Ethiopia Compliance Assessment There are practical divisions in the country, as well as divisions in the structure of the law that make this indicator worth highlighting. Not rated, however, for two reasons: 1. There is no general statement that the national implementing legislation applies to the country as a whole; although there is similarly no indication that they do not. 2. Publication of regulations is limited to the constitution for each regional government, the links to which do not all work, preventing their review. 19 It is necessary, to avoid all possible doubts, to state that the legislation is applicable to trade in CITES specimens with any country, whether a Party or not. n The following are likely sufficient to meet the intent of this best practice. Marked in yellow only given known trade with Somaliland that is not a party to CITES. For CITES imports: Art. 28(2) of the Regulation states: Where the wildlife or wildlife products are of CITES species presentation of CITES export permit obtained from their country of origin and, where they fall under CITES Appendix I, CITES import permit obtained from the Authority shall be required. For transit: Art. 30(2) of the Regulation states: If the wildlife or wildlife product is a CITES species and the country of origin is not signatory to CITES, the wildlife or wildlife product shall not be allowed to transit through Ethiopia. MANAGEMENT AND SCIENTIFIC AUTHORITIES 35 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept 20 The Management Authority should be the body designated to grant the permits and certificates required under the Convention. Ethiopia Status n Ethiopia Compliance Assessment Several articles in the Wildlife Development, Conservation and Utilization Council of Ministers Regulations No. 163/2008, grant such power to an ‘Authority.’ This is defined to mean the ‘Ethiopian Wildlife Conservation Authority’ with no distinction or separate mention of a Management or a Scientific Authority. Marked in yellow solely for this lack of specificity. 21 The Scientific Authority should be an independent scientific body designated to advise the Management Authority and the tasks of the Scientific Authority stated as outlined in Resolution Conf. 10.3. n There is no specific mention of a ‘scientific authority’ nor any specific rights and duties in either the primary wildlife law, its regulation or other law. PERMIT REQUIREMENTS 24 Legislation should state that any specimen to be exported or re-exported, or to be traded, must not have been obtained in contravention of the law. n Art. 31(1) states that: 1/ No person may possess, deal in, export or import any unlawfully obtained wildlife or wildlife products. Further, in Art. 29(1)(a) of the Regulation, export permits are expressly predicated documents demonstrating lawful possession. A similar prohibition appears in Art. 30(2) which prohibits CITES species in transit if they do not have a CITES permit, which contains a separate ‘lawful acquisition’ requirement. 26 The Management Authority, for export or re-export, must be satisfied that any living specimen will be prepared and shipped so as to minimize the risk of injury, damage to health or cruel treatment. n Not stated. 29 Quotas may be set in legislation, or by the Management Authority or the Scientific Authority if the legislation empowers it to do so. The legislation n CITES quotas are not mentioned in the law or the regulation. 36 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept Ethiopia Status Ethiopia Compliance Assessment should provide that no export permits shall be granted after the quota has been reached. FORM AND VALIDITY OF PERMITS AND CERTIFICATES It is recommended that legislation require permits to be in any form prescribed by regulations, or by the Management Authority. A model of the required permit form should be appended to the regulations. The regulations should specify in detail all the information which should be included in the permits and certificates (see Resolution Conf. 12.3 (Rev. CoP16)). The permit form should follow that recommended in Resolution Conf. 12.3 (Rev. CoP16). n The period of validity of permits should be specified in the legislation (export and re-export permits are valid for import purposes only if presented within six months of issue at the most; the validity of import permits should not exceed twelve months). Note: there may be exceptions made for permits for timber species, provided that Article VI, paragraph 2 is respected. n 32 The legislation should specify that a separate permit or certificate is required for each consignment of specimens (this is an obligation under Article VI.5). n Not stated. 33 The following are useful requirements that may be added to the legislation: n None of these details appear in the Law or the Regulation. 30 31 Permits of course are mentioned in numerous locations for multiple functions, including for CITES. In Ethiopia’s legislation, research did not uncover any prescribed form, model of the required permit, or any provision that specifies the detail to be included. The only time limitation applies to export permits under Regulation, Art. 29. Import not mentioned. Re-export not mentioned. a. include procedures for permit applications and application forms. b. empower the Management Authority to require applicants to provide necessary information. c. institute fees for processing applications and issuing permits and certificates. 37 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept Ethiopia Status Ethiopia Compliance Assessment d. describe procedural requirements, like surrendering permits to Customs or returning unused permits to the issuing authority etc. e. describe the non-transferability of permits f. make retrospective permits unlawful except in specified circumstances (see Resolution Conf. 12.3 (Rev. CoP16). g. penalize fraudulent permit applications. REVOCATION, MODIFICATION AND SUSPENSION OF PERMITS 35 The Management Authority must be empowered to amend, suspend or revoke permits or certificates as might be required, and the procedure for revocation, modification or suspension of permits should be laid down in regulations as a guarantee against arbitrary decisions. n Powers exist, but there are no procedures. 36 The Management Authority or other competent authority, including the courts, should be empowered to disqualify a person, temporarily or permanently, from obtaining a permit or certificate. n The Regulation defines ‘license’ to include permits of several types, inter alia, ‘live export permits.’ There is no mention of CITES permits specifically, exports or imports more generally. EXCEPTIONS TO PERMIT REQUIREMENTS 38 No derogation other than those allowed for under Article VII of the Convention is allowed. If any of the possible derogations or special provisions in that Article are allowed for in the legislation, their definitions should be included in the legislation, such as for 'pre-Convention' and 'bred in captivity' (the latter should follow that given in Resolution Conf. 10.16 (Rev.) Article VII deals with exemptions for a variety of purposes including: • • • • household items/personal effects captive bred species for commercial purposes exchanges between scientists exchanges between zoos Not rated, as there are no derogations provided for and therefore no need for further definition. 38 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept 41 Captive breeding for commercial purpose should follow the guidelines laid out in Resolution Conf. 12.10 (Rev. CoP15). n There are no guidelines for captive breeding, rescue centers, or other ex-situ care of wildlife in Ethiopia’s legislation. 42 Legislation should require export permits for captive-bred Appendix-I specimens of live animals for commercial purposes, and certificates of captive-breeding for all others. n Not included. 43 Legislation should provide a licensing procedure for commercial operations, requirements that captive-breeding operations keep records, and provide for the Management Authority or other competent authority to inspect premises and records, ask for information, mark specimens as necessary, and revoke licences or cancel registrations when offences have been committed or when conditions of the licence or registration have not been fulfilled. n Not included. 44 The definition of "artificially propagated" in Resolution Conf. 11.11 (Rev. CoP15) should be incorporated into legislation. n Not included. 45 Exchange of scientific material should follow Article VII.6 of the Convention and Resolution Conf. 11.15, and legislation should provide for the registration of institutions. The Scientific Authority should be empowered to advise on registration standards. n Not included. 47 Legislation should empower the Management Authority to mark any CITES specimen if required. The legislation should state that any person who alters, defaces, erases or removes a mark shall be guilty of an offence. n Not included. Ethiopia Status Ethiopia Compliance Assessment BORDER CONTROLS 48 The requirement that relevant CITES documents be presented at the time of export/import must be in the legislation. Documents should have to conform n Regulation Arts 28-31. 39 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept Ethiopia Status Ethiopia Compliance Assessment with the prescriptions of CITES before being accepted. The authority competent to check the documents and consignments should be clearly designated in the legislation. In the case of transit or transhipment, the authority should also require the presentation of the relevant permits or certificates. 49 Legislation should provide for the Management Authority to refuse to accept permits from exporting countries when they have reasonable grounds to do so, for example if it appears that substantial irregularities have taken place. Legislation could require import permits for Appendix-II and -III species (as a stricter domestic measure), to enable the Management Authority to determine the validity of documents before the specimens enter the country. n Legislation is not worded in this manner. It relies principally on the presentation of documents demonstrating ‘lawful’ origin. It does not explain the basis for refusal or provide for the determination of validity. CONTROL OF CONSIGNMENTS AND PERMITS 50 51 The legislation should prohibit the possession, transport, sale, offering for sale, and purchasing of any specimen of CITES-listed species that has been imported, introduced from the sea or taken from the wild without the required permits. The onus of proof of legality should fall on the owner or trader. n Legislation should empower the Management Authority or any other authorized body to proceed with any required investigation and to detain specimens where there are reasonable doubts on their identification, pending the results of other investigations. n Art. 31(1) states that “[n]o person may possess, deal in, export or import any unlawfully obtained wildlife or wildlife products.” Marked yellow as the law does not expressly mention ‘transport’ or provide the same level of detail concerning ‘sale, offering for sale, and purchasing.’ Instead, it uses the term ‘deal in’ which may in fact refer to specialized forms of trade. The term ‘deal in’ is not defined. Art. 31(2) allows for the seizure of ‘unlawfully obtained wildlife or wildlife products.’ This is legally distinct from authorizing search and seizure based on ‘reasonable grounds.’ There is also no express investigatory power mentioned, although this may reside in other legislation. 40 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept 52 Legislation should specify the ports of exit and ports of entry at which specimens must be presented for clearance. n Requires the use of specified ports but these ports are not identified in the legislation or in the primary Customs Proclamation. 53 Legislation should make seizure mandatory whenever there are reasonable grounds to believe a transaction is in violation of CITES. n Seizure is provided for, but it is not mandatory and there is no mention of the authority to use based on ‘reasonable grounds.’ Ethiopia Status Ethiopia Compliance Assessment CONTROL OF TRADERS, POSSESSION, AND DOMESTIC TRADE 56 Legislation may include a requirement that traders exporting or re-exporting CITES specimens keep a register of all transactions, and that the Management Authority may inspect the register and the premises of the trader at any time. n Not included. ENFORCEMENT AND PENALTIES 58 The departments and agents responsible for enforcement of CITES and any implementation legislation must be clearly designated in legislation. n EWCA is the implementing authority, but the law does not go into any detail concerning what agencies, other than Customs, may be involved in enforcement. 59 The powers of enforcement officers need to be clearly established by the legislation. These powers may include powers to search persons, baggage or other property and vehicles; powers to search premises (may require powers to request a warrant); powers to request information, to inspect documents, and to take samples for identification purposes; powers to seize specimens where illegalities are suspected; and powers of arrest. n Clearly established but they do not meet the suggested requirements. 61 If possible, offences committed by corporations relating to trade in CITES specimens should be made punishable by national legislation. n Persons includes legally recognized entities but there is some doubt concerning its application and the format of the penalties, which are all directed at individuals. 41 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis CITES No. CITES Best Practice Concept 62 Attempts to commit an offence as well as aiding and abetting the committing of an offence under the legislation should also be punishable offences. n Commission is a punishable offense. Aiding and abetting are not mentioned. This may be a function of the Criminal Code and therefore applicable as part of the overarching framework of criminal law. 63 Legislation must provide for the confiscation or return to the State of export of all illegally traded specimens. n Confiscation is provided; return to State of export not included but not an absolute requirement. 64 Penalties outlined in the legislation must be high enough to constitute an effective deterrent. n A major motivation for the proposed amendments is the lack of adequate penalties. Ethiopia Status Ethiopia Compliance Assessment DISPOSAL OF CONFISCATED SPECIMENS 65 Refer to Resolution Conf. 10.7 (Rev. CoP15) for details. It is recommended that legislation allow for the costs of returning confiscated live specimens to the country of origin or re-export to be charged to the guilty importer and/or carrier. n This recommendation has not been implemented in Ethiopia’s legislation n Not listed. REPORTS 69 The preparation and submission of annual reports and biennial reports on legislative measures as required by Article VIII.7 should be listed in the legislation as one of the duties of the Management Authority. 42 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis ANNEX III. ETHIOPIA WILDLIFE OFFENSES 43 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis ANNEX IV. WILDLIFE OFFENSES AND PENALTIES ASSESSMENT 62 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis ANNEX V. Comments on 2019 WILDLIFE PROCLAMATION BILL The 2019 Wildlife Proclamation Bill was developed based on two gap analyses; one conducted in 2013, and the other in 2017. The primary motivation for the bill was the low penalty levels for wildlife offenses. Indications are that the Regional Wildlife Proclamations have higher penalties than the national one, although these have not been made available for review at this time. In creating the 2019 Wildlife Proclamation Bill, EWCA went through a review of the classification of offenses and then established penalties, including both fines and prison terms. As a benchmark, drafters reviewed the legislation from Uganda, Botswana, and Zimbabwe. The bill went through a wide consultation process with many stakeholders during 2019, including the Prime Minister office for final verification of its legality. It arrived to the Parliament in the last quarter of 2019 but Legal Atlas was notified in March that there would be still an opportunity to comment on the bill before approval. Legal Atlas was asked to comment in its capacity as the legal advisory part of the LICIT project and the result is included below. A total of 16 comments were share addressing points of the bill that are believed could still be improved. The review was carried out with the following caveats: Limited Edits - As with the comments on the draft Proclamation, these are restricted in length and depth to account for the date received by Legal Atlas, as well as the timing of anticipated approval. The goal is nonetheless to raise as many issues as can be identified in the short time available to guide future efforts. Comments are intended to act as a basis for the Legal Agenda to be developed by Legal Atlas and other team members in the context LICIT Project. Based on English language version - This review is based entirely on the English language version of the law as provided. Some of the problems identified (as well as some not identified) may be a function of the translation and not the Amharic version of the law. Translation Edits - In some instances, comments could not be made without first checking and correcting the English language translation. Edits to the translation have not been done by a professional translator and will require at least some review and confirmation. Comment 01 - Inconsistent Coverage of the Wildlife Trade Chain A major concern is the law’s coverage of the wildlife trade chain. Inconsistent use and incomplete coverage of the terms ‘wildlife trade,’ ‘trade,’ and ‘wildlife trafficking’ make it likely that certain acts related to wildlife trade will not be criminalized, allowing illegal trade to continue. This should be addressed in the definitions section and by ensuring that usage of these terms is consistent throughout the text. 77 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis As this is a critical issue, rather than repeat it all here, refer to the comments made in Art. 2, Art. 11, Art. 15 and Art. 21. Comment 02 - Need for Regulations Art. 22 grants the general power to issue regulations for the implementation of the Proclamation. It is not clear, however, whether this is intended to confer a broad discretionary power or whether it can only be exercised where the Proclamation also calls for a specific regulation. There are a few provisions that expressly state that regulations will be adopted, but not in every instance where it would be considered best practice to have them. The general recommendation is that the law mention this requirement wherever appropriate, and if already mentioned that it be expanded to include critical regulatory needs. With this in mind, the following have been identified: § § § § § § Hunting and Hunting Areas – Art. 13 calls for the regulation of the hunting permits but does not otherwise call for the full regulation of hunting overall. Numerous areas of management need to be addressed, including some of the ones already listed in Art. 13, including inter alia 1) listing game animals, 2) seasons, 3) permitted and prohibited methods for hunting and trapping; 4) hunting areas; 5) procedures for quota setting, and much more. Protected Areas – Art. 5 calls for regulations to ‘designate’ protected areas, but there is still no overarching set of management standards and practices common to well-managed protected area systems. Are these standards and practices found elsewhere in Ethiopian law? If not, Art. 5 should call for regulations to “designate and manage” protected areas. Revenue Sharing – already required by Art. 19; similar format could be followed in other provisions where a set of minimum content requirements or standards would be included. Confiscated Live Animal Requirements – There is no call for regulations and yet this is considered a particularly critical issue when dealing with confiscated cheetah. Rescue Centers (i.e., Sanctuaries) – not to be confused with the protected area category identified in this law in Art. 2(6) as ‘Wildlife sanctuary.’ In this instance, we are referring to ex-situ installations established to care for animals that have been confiscated or for whatever reason taken out of the wild for care (e.g. the Born Free sanctuary). Evidentiary Protocols – a key impediment to the adequate prosecution of wildlife trade comes from the lack of evidentiary protocols adapted to the particular needs that identifying and preserving perishable wildlife evidence requires. In the section that outlines the authorities for the Anti-Poaching Officers, mention could be made for the need to establish such and for these to be based on accepted best practices. Comment 03 - Reliance on Undefined Permitting Processes Related to the foregoing but worth special mention is the reliance on undefined, essentially unregulated permitting systems to manage at least 14 different activities related to wildlife management and trade. These include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Hunting Breeding Ranching Capture Trading Ownership Possession Live Trade Care of Confiscated Wildlife Import and Export CITES related trade Filming Study and Research 78 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis 14. 15. Private Protected Areas Other forms of wildlife use None of the permitting procedures or content requirements are otherwise defined or described in the Proclamation and only a few have mention of the need to develop further regulations. At a minimum, referencing the need to develop regulations would be required. Ideally, these references would include some statement concerning the authorizing entity, objectives, content requirements, and other standards for compliance. Comment 04 - CITES Implementation Ethiopia is considered a Category 1 country for CITES implementation legislation, meaning it meets the Convention’s four minimum requirements. The law, however, still falls short of the many recommendations made by CITES with respect to implementing legislation; in particular with respect to scientific and management authorities, standards and procedures for permitting, non-detriment findings, etc. Rather than go into details here, perhaps it is enough to again indicate in the text of the law that further regulations shall be developed and that these shall, to the extent possible, conform to the CITES recommendations for implementing legislation. Comment 05 - Federal vs Regional Authority This is likely a sensitive political issue, but it would be useful if the law could reinforce the authority of EWCA vis-a-vis regional authorities in addressing wildlife trafficking issues, including matters of policy, strategy, and disposition of confiscated wildlife/wildlife products. Comment 06 - Definition of offenses and penalty design The new law dedicates a single article (Article 21) to define all offenses. The primary targets are 1) hunting; 2) wildlife trade; and 3) CITES trade. There are numerous gaps in the acts identified as crimes, the species protected, as well as the structure and application of the penalties to all individuals and legal entities potentially involved. Critically, several parts of the trade chain appear to either not be covered; or covered with differing penalties applicable. As this is a critical issue, rather than repeat it all here, refer to the comments made in Art. 2, Art. 11, Art. 15 and Art. 21. In addition, there do not appear to be any conservation related penalties (e.g., violation of protected area mandates, non-hunting related injuries to wildlife or wildlife habitat, etc.). There is also no express call for the promulgation of regulations that might outline offenses. Comment 07 - Absence of Aggravating and Mitigating Circumstances For all crimes and penalties, the law makes no mention of any aggravating or mitigating circumstances – facts that increase or decrease the applicable penalties based on culpability or seriousness of the crime. The Criminal Code recognizes them in numerous provisions (see Art. 22, Art. 25, 38, etc.). It would be consistent with Ethiopia’s legal system to recognize them here as well. Consider increasing penalties for: • • • • • • Prior record for similar offenses Prior record for the same offense Operating in the context of an organized crime group Violations by government officials (Corruption) Violations involving any endangered species Violations of more than a defined volume or defined value. 79 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis Comment 08 - Matching the crime to the perpetrator Art. 21 applies penalties to ‘persons’, which includes legally recognized entities. There are two issues. The first stems from the definition of ‘person’ in Art. 2. The language used raises the question of whether a legal entity formed in another jurisdiction might be held liable in an Ethiopian court. Second is that there is no differential penalty for legal entities, no structure for the application of liability in the context of a business, and no mention of how a prison sentence might be applied when a business is involved. There is no simple recommendation to this. Differing levels and forms of liability must be fully expressed in the law to appropriately account for individuals, legal entities, as well as for government officials. Without specialized forms of liability, it may not be possible to hold organized crime entities accountable for their wildlife crime activities. Comment 09 - Identifying all possible actors in the criminal chain Unlike Ethiopia’s Criminal Code and Anti-Money Laundering law, this draft makes no inclusive mention of the possible actors in the criminal activity. To cover this gap, the recommendation is to consider adding language similar to Ethiopia’s Anti-Money Laundering Statute: Any person who participates in the commission, conspires to commit, attempts to commit or aids, abets, facilitates or conceals the commission of any of the elements of the offence mentioned in paragraphs (a) to (c) of this sub-article; Comment 10 - Limited Powers of Wildlife Anti-Poaching Officer The powers of the Anti-Poaching Officers are limited to when there is a finding that an offense has been committed. This may be a translation problem, but the question is whether a person must be observed committing the crime or whether there just have to be sufficient evidence for the enforcing officer to believe a crime has been committed? Regardless, there are several powers/duties not mentioned, among them: 1. 2. 3. 4. 5. 6. Which laws they may enforce Whether, how and when they may use force Carry and use of weapons Power to arrest Power to investigate Power to collect evidence Comment 11 - Foreign Crimes Ethiopia’s Criminal Code, Art. 22, provides for the prosecution of crimes predicated on acts committed in a foreign jurisdiction. There is no limit on the type of crime, but the Code does limit the court’s jurisdiction to instances of dual criminality; i.e., the crime alleged must be a crime in both jurisdictions. However, the Code does not mention the IGAD Convention on Mutual Legal Assistance recently signed by Ethiopia, which encourages the member states to ‘to render assistance in the absence of dual criminality’ and to adopt such measures allowing it to render such service.33 This would be an opportune time for Ethiopia to recognize the MLA Convention and to adopt a measure waiving dual criminality for wildlife crimes. Although this is not the same as the Lacey Act which makes it illegal to import illegally sourced 33 Art. 33 of the MLA Convention. 80 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis natural resources, it would give Ethiopia’s courts the discretion to hear cases based on foreign committed crimes. Comment 12 - IGAD, African Union and Other Regional Instruments and Strategies A major concern in the region is the need to harmonize wildlife trade related legislation to address crossborder trafficking and international trade that threatens certain species, e.g., cheetah. In addition to the IGAD MLA already mentioned, there are several other wildlife trade related instruments and strategies issued by IGAD, the African Union and other Regional Organizations that Ethiopia is committed to support/implement. This law is an opportunity to identify these at least in the Preamble or Objectives, as guiding the intent of the law. Stating that provisions of the law contrary to signed agreements would be void, would also have significant value in this regard. Comment 13 - Preamble and Objectives do not mention wildlife trade While the law expressly regulates trade and it is purportedly a driving factor, wildlife trade per se is not mentioned either in the Preamble or the Objectives. This may seem a minor point but establishing the purpose of the law has an impact on awareness of the law’s intent as well as on possible interpretations when the law is applied in a given case. Comment 14 - Terms used but not defined More than one key term would benefit from being defined § § § § § § Domestic animals Game animals Ranching Wildlife Trafficking Controlled hunting Orphanage Areas Comment 15 - Defined terms not used in the law Some of the terms in the definitions section are not used in the body of the law. These include: § § Wildlife protected area(?) Biosphere Reserve Comment 16 - Terms not used, but should added and defined At least one term has not been used or defined in the text that is considered key to managing confiscated live animals, as is the case for cheetahs in particular. § Rescue Center (could be substituted for ‘orphanage area’) 81 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis ANNEX VI. Comments on 2019 WILDLIFE REGULATION BILL Along with the 2019 Wildlife Proclamation Bill, the government of Ethiopia also worked on a draft of the Regulations for the new bill. Legal Atlas was notified in March 2020 that there would be an opportunity to comment on the draft before approval and asked to comment in its capacity as the legal advisory part of the LICIT project. The review resulted in a total of 9 comments shared addressing sections or articles of the draft that are believed could still be improved. The review was carried out with the following caveats: Limited Edits - As with the comments on the draft Proclamation, these are restricted in length and depth to account for the date received by Legal Atlas, as well as the timing of anticipated approval. The goal is nonetheless to raise as many issues as can be identified in the short time available to guide future efforts. Comments are intended to act as a basis for the Legal Agenda to be developed by Legal Atlas and other team members in the context LICIT Project. Based on English language version - This review is based entirely on the English language version of the law as provided. Some of the problems identified (as well as some not identified) may be a function of the translation and not the Amharic version of the law. Translation Edits - In some instances, comments could not be made without first checking and correcting the English language translation. Edits to the translation have not been done by a professional translator and will require at least some review and confirmation. Comment 01 - Missing Powers and Duties to consider adding based on benchmark with wildlife agencies of other countries. Because this Regulation is the initial regulatory instrument for Ethiopia’s primary wildlife management and enforcement authority, it is worth comparing the level of detail other countries include in listing the powers and duties. This level of detail is particularly important in instances where lines of authority remain unclear and there are tensions between government agencies or levels of government. The following is a short list of topics not covered in the draft regulation, drawn from countries with established best practices: Hunting Related § § § § § Establishing hunting areas Establishing hunting quotas by species Establishing hunting bans Defining approved hunting methods. Establish registers of hunters, hunting licenses, wildlife offenders, etc. 82 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis Wildlife Conservation Related § § § § § § § § Maintaining, reviewing and revising the national list of protected species. Conducting educational and awareness campaigns to enhance consciousness among citizens on the value of wildlife Wildlife Trade Related Promoting citizen engagement in the fight against IWT thought the establishment of mechanisms such as hot lines to tip off on crimes, rewards for informants, etc. Managing confiscation of wildlife animals, hunting weapons, vehicles, etc. Supervising facilities holding wildlife including zoos, sanctuaries, rescue centers, etc. Issuing and collecting administrative fines for wildlife offenses established in the Proclamation Issuing CITES import/export certificates, maintaining records and reporting If deemed useful, a fuller list can be developed that also includes additional duties and powers related to: § § § Protected area management Enforcement for agencies responsible for natural resources Animal Protection If these recommendations are considered too ambitious at this stage, they can be incorporated into the Legal Agenda report for Ethiopia to be developed by Legal Atlas as part of the LICIT project. Comment 02 - CITES Authority The regulation gives EWCA the power to issue CITES permits, but it would be better to state that EWCA acts as the CITES scientific and management authority for Ethiopia, including issuance of permits, etc. Comment 03 - Enforcement Officer Powers and Duties section is missing. Art. 6(3) addresses only the equipment of wildlife enforcement officers. The Regulation should also enumerate the powers and duties of wildlife officers, including at a minimum, the following: 1. 2. 3. 4. 5. 6. 7. Which laws they may enforce Whether, how, and when they may use force Carry and use of weapons Power to arrest Power to investigate Power to collect evidence Power to seize documents, weapons, etc. As an example, in Ethiopia’s Animal Disease Prevention Proclamation the power the officers are defined more fully as follows: Art. 8. Powers of Animals Health Officer In order to prevent and control animal diseases, an animal health officer shall have the power to: 1) inspect animals and apply prophylactic, therapeutic treatments or necessary quarantine measures as required; 2) inspect animals prior to transport, during transport and after transport, limit or prohibit their movement if so required; 3) enter and inspect any premise or area where animals, animal products, animal by-products or animal feed are kept; 83 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis 4) take samples from any animal, animal products or by-products for the purpose of identifying animal disease; 5) require at any time, animals to be examined, vaccinated, treated, sprayed with anti pest or undergo a period of quarantine if he considers it necessary; 6) order isolation, slaughter or disposal of animals; 7) carry out appropriate inspection at entrance and exit posts. 8) supervise the safe disposal of dead animals, parts thereof, contaminated animal products, wastes obtained at slaughter, dung, manure and litter; 9) take all other necessary veterinary measures as required, without being restricted to the above mentioned. The problem with the foregoing is its limitation to the prevention of disease. Animal health officers in this instance would have no authority solely to handle confiscated animals or inspect when disease is not an issue. As a general drafting practice, when powers or other relevant legal content are defined elsewhere in Ethiopian law or regulation, this should be noted by reference to such other laws/regulations. Otherwise, it is considered best practice to establish the authorities of wildlife enforcement officers directly, to ensure clarity and that there are standards and oversight to prevent misuse and abuse. Comment 04 - Reconcile Language on Budget and Fees The text Article 6(27) gives EWCA the authority to charge fees and Article 6(12) states that EWCA has the authority to determine the use of revenues from wildlife, which, without further clarification, could theoretically include proceeds from selling confiscated animals. This is a potential area for laundering that bears further consideration. However, Art. 13 states that EWCA’s budget is allocated by the government. This should be clarified – does EWCA retain wildlife fees and revenues for its own use separately from the budget provided by the government? Also, the text does not mention the disposition of funds generated by fines for violations of wildlife laws. Comment 05 - Undefined Permitting Processes The regulation refers to permitting requirements, including new ones not mentioned in the Proclamation, but does not provide any regulatory guidance for requirements, issuance, oversight, etc. Activities with permitting systems mentioned at this level include: 16. 17. 18. 19. Art. Art. Art. Art. 6(9) - activities to be carried out in wild animals and their habitats by foreigners 6(10) - establishment of tourist service centers 6(10) – establishment of other utilization forms in protected areas 6(11) – CITES related trade At a minimum, there should be some statement authorizing EWCA to create a comprehensive permitting system that addresses the types of permits mentioned in the Proclamation and this Regulation. Comment 06 - Statement of Regulatory Authority This is a repeated theme at this point, but it cannot be stressed enough how the lack of a clear regulatory framework is a primary issue in many countries and often cited as an obstacle to effective implementation of laws. The Regulation (Art. 6(1)) grants EWCA the power to draft and submit proposals for “policies and laws,” to its oversight body, the Environment Forest and Climate Change Commission. This implies that the Commission, and not EWCA, is the body with actual regulatory authority over wildlife matters, but the exact division of authority between the Commission and EWCA is not stated. If this relationship is not specified elsewhere in Ethiopian law, it should be clarified here, particularly the extent to which EWCA, as the primary authority for wildlife management, has the power to approve regulations. It also is not clear, whether the power granted to EWCA is intended as a discretionary power that may be exercised for any area of the law where EWCA deems it necessary; or whether proposals can only be drafted for subjects the Proclamation or this Regulation have specifically identified. In addition, the grant of power to EWCA in Article 6(1) should specifically include regulations as well as policies and laws (i.e. “policies, laws, and regulations”). 84 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis Areas mentioned by the Regulation where further legislative/regulatory development would be especially useful include: § § § § § § Art. 6(4) – administration of protected areas and control of criminal activities within them; Art. 6(8) – to define the scope and standards for ‘corrective measures’ when there is a threat of extinction is posed to any wild animal and its habitat; Art. 6(13) - Control wildlife trafficking and their products by establishing coordinated mechanisms with stakeholders Art. 6(14) – Wildlife related private investments Art. 6(15) – Transboundary protected areas Art. 6(24) – Disease prevention programs These are in addition to the regulatory needs already identified in the Proclamation Comment 07 - Formally establishing the management of the IWT Inter-Agency Task Force Recently, the government created an inter-agency task force to combat IWT (i.e., the Wildlife Crime Unit being established under the GEF project), involving numerous government entities including defense and intelligence agencies, financial, transportation, and others. EWCA is the Secretariat of that structure. It is advisable that this Task Force have its own regulatory basis/terms of reference, but given EWCA’s role as Secretariat, it is important that the list of EWCA’s powers and duties in this regulation includes its role in facilitating and coordinating the Task Force and other inter-agency efforts. Comment 08 -Objectives do not mention wildlife trade Art 5 states the objective of the Authority as “protecting against illegal trade.” For purposes of clarity it might be better to say “protecting against illegal trade in wildlife and wildlife products” or other language consistent with the definitions used in the Proclamation. This may seem a minor point but establishing the purpose of the Regulation has an impact on awareness of the law’s intent, as well as on possible interpretations when the law is applied in a given case. Comment 09 - Terms used but not defined The following key terms used in the regulation should be defined, consistent with their definitions in the Proclamation § § Wildlife trafficking – see Art. 6(13); this term is used in the Proclamation, but it is not fully and consistently defined there. In the Regulation, it is used but not defined at all. Wildlife utilization packages – see Art. 6(14) 85 LICIT– ETHIOPIA Wildlife Trade Legal Gap Analysis Global Taxonomy of Wildlife Offenses Offense Code 01-00-000-000 01-01-000-000 01-01-001-000 01-01-002-000 01-01-003-000 01-01-004-000 01-01-005-000 01-01-006-000 01-01-007-000 OFFENCES RELATED TO THE CONSERVATION OF WILDLIFE AND WILDLIFE HABITATS Partial Prohibited activities inside protected areas (e.g. national parks, game Yes Chasing, disturbing, or harassing wildlife inside protected areas Yes Causing harm or injury to wildlife inside protected areas No Prevent breeding of wildlife inside protected areas Yes Trespassing in a protected area to hunt wildlife Yes Entering into a protected area with hunting weapons, vehicles, No Feeding or watering wildlife inside protected areas Yes Illegally accessing genetic wildlife resources 01-01-008-000 Yes Introducing invasive species inside protected areas 01-01-009-000 Yes Allowing livestock to enter into a protected area 01-01-010-000 Yes Discharging pollutants into wildlife habitats Yes 01-01-010-001 01-01-010-003 No 01-01-011-001 01-01-011-002 01-01-011-003 01-01-012-000 Discharging hazardous substances into the soild or water bodies that are part of wildlife habitats and ecosystems Discharging into the atmosphere gases, fumes, dust or contaminants that cause damage to wildlife Discharging emissions of noise, vibrations, thermal Yes energy or light that cause damage to wildlife Destroying wildlife critical habitat elements No Destroying wildlife nests No Destroying wildlife breeding sites No Destroying wildlife refuges and shelters Yes 01-01-010-002 01-01-011-000 Ethiopia Offenses Legal Basis No Causing arson in wildlife habitats Wildlife Regulation. Art. 5.1.d Wildlife Regulation. Art. 5.1.d Wildlife Regulation. Art. 5.1.b Wildlife Regulation. Art. 5.1.a Wildlife Regulation. Art. 5.1.d Forest Proclamation, 2018(Art. 26(7)). Criminal Code, 2004 (Art. 353.1). Wildlife Regulation. Art. 5f Forest Proclamation, 2018(Art. 25.4(c) and 26(7)). Criminal Code, 2004 (Art. 353.1). Wildlife Regulation. Art. 5f Environmental Pollution Control Proclamation. Art. 4 and 15.1 Environmental Pollution Control Proclamation. Art. 3 and 16 Environmental Pollution Control Proclamation. Art. 3, 6 and 16 Forest Proclamation, 2018 (Art. 26(3)). Wildlife Regulation, 2008. (Art. 5j) 01-01-013-000 01-01-014-000 01-02-000-000 01-03-000-000 01-03-001-000 01-99-000-000 02-00-000-000 02-01-000-000 02-01-001-000 02-01-002-000 02-01-003-000 02-01-004-000 02-01-005-000 02-02-000-000 02-02-001-000 02-02-002-000 02-02-003-000 02-03-004-000 02-03-000-000 02-03-001-000 02-03-001-001 02-03-001-002 02-03-001-003 02-03-001-004 02-03-002-000 02-03-002-001 02-03-002-002 02-03-002-003 No Conducting military maneuvers Wildlife Regulation. Art. 5.1.a No Conducting live shooting training Conducting activities inside protected areas without authorization (i.e. Wildlife Regulation. Art. 5.2 Yes ecotourism, scientific research, photography, etc) No Conducting activities inside protected areas in breach of legal requirements No Conducting activities in breach of approved management plans Other acts in violation of the law related to wildlife and wildlife habitats Wildlife Proclamation (2019 Bill). Articles 18.1 Yes conservation OFFENCES RELATED TO THE HUNTING OF WILDLIFE (e.g. Tapping, taking, collectin Partial Hunting No No No Yes No Yes Hunting Yes wildlife Hunting for recreational purposes (sports hunting) Hunting for subsistence purposes Hunting for commercial purposes (professional hunting) Hunting wildlife subjected to temporary bans Hunting migratory wildlife species without authorization Hunting for scientific purposes without authorization Hunting for control purposes without authorization (e.g. N.A. population, pest or disease, danger animal control) Yes Hunting for commercial purposes without authorization Yes Hunting for recreational purposes without authorization Partial Hunting wildlife in prohibited areas No Hunting wildlife in captivity No Hunting in zoos No Hunting in captive breeding facilities No Hunting in wildlife rescue centers Hunting around captive holding facilities of released No wildlife No Hunting where wildlife is especially vulnerable No Hunting in drinking areas No Hunting in bird roosting sites (e.g. night refuges) No Hunting in flooded land Wildlife Regulation, 2008 (Art. 24) Wildlife Proclamation (2019 Bill). Articles 13.3, 21.1 Wildlife Proclamation (2019 Bill). Articles 13.1, 21.1 Wildlife Regulation, 2008 (Art. 8 and 22) Wildlife Regulation, 2008 (Art. 8 and 22) Wildlife Regulation, 2008 (Art. 8 and 22) 02-03-003-000 02-03-003-001 02-03-003-002 02-03-003-003 02-03-003-004 02-03-003-005 02-03-003-006 02-03-003-007 02-03-003-008 02-03-003-009 02-04-000-000 02-04-001-000 02-04-001-001 02-04-001-002 02-04-001-003 02-04-001-004 02-04-001-005 02-04-001-006 02-04-001-007 02-04-001-008 02-04-002-000 02-04-002-001 02-04-002-002 02-04-002-003 02-04-002-004 02-04-003-000 02-04-003-001 02-04-003-002 02-04-003-003 Partial Hunting wildlife in special zones Yes Hunting outside designated hunting areas Yes Hunting inside protected areas No Hunting in migratory species' ecosystems No Hunting in public parks and gardens No Hunting in climatic areas No Hunting in and around dams of public domain No Hunting in urban areas No Hunting in suburban areas No Trespassing on private property to hunt wildlife Partial Hunting using illegal means or methods Partial Hunting using prohibited weapons or traps No Hunting using automatic weapon No Hunting using prohibited weapon No Hunting using prohibited ammunition Hunting using weapon with calibre exceeding the limits Yes of the law No Hunting using bow and arrow No Hunting using darts Yes Hunting using traps Yes Hunting using a weapon as part of a trap Yes Hunting using prohibited substances Yes Hunting using explosives (i.e. granade, bomb) Yes Hunting using chemicals Yes Hunting using poison or dangerous substances Hunting using tranquillizing, narcotic, immobilizing or Yes similar agent Partial Hunting using prohibited baits or control mechanisms No Hunting using electrical devices Yes Hunting using fire No Hunting using fencing to retain or attract wildlife Wildlife Regulation, 2008 (Art. 6) Forest Proclamation, 2018(Art. 25(4)) Wildlife Regulation, 2008 (Art. 25.g,h,i,j,k) Wildlife Regulation, 2008 (Art. 25.f) Wildlife Regulation, 2008 (Art. 25.f) Wildlife Regulation, 2008 (Art. 25.l) Wildlife Regulation, 2008 (Art. 25.m) Wildlife Regulation, 2008 (Art. 25.f) Wildlife Regulation, 2008 (Art. 25.m) Wildlife Regulation, 2008 (Art. 25.b) 02-04-003-004 02-04-003-005 02-04-003-006 02-04-003-007 02-04-004-000 02-04-004-001 02-04-004-002 02-04-004-003 02-04-005-000 02-04-005-001 02-04-005-002 02-04-005-003 02-04-005-004 02-04-006-000 02-04-006-001 02-04-006-002 02-04-006-003 02-04-006-004 02-04-006-005 02-04-006-006 02-04-007-000 02-04-007-001 02-04-007-002 02-04-008-000 02-05-000-000 02-05-001-000 02-05-002-000 02-05-003-000 02-05-003-001 02-05-003-002 Yes No No No Partial Hunting Yes Yes No No Hunting No No No No No Hunting No No No Hunting using live animals as baits Hunting using salt as baits Hunting using feed as baits Hunting using artificial or recorded voices using vehicles Hunting from aerial vehicles Hunting from terrestrial motorized vehicles Hunting on horseback from especially advantageous locations Hunting from roadways Hunting around railways and roadways Hunting from a stand Hunting by ambush (e.g. from a blind) using prohibited tracking methods Hunting using tracking wildlife Hunting using drones Hunting using camera traps Hunting using electronic image amplifiers (e.g. night No vision, infrared, cameras, etc.) No Hunting using lights, nightlights or spotlighting No Hunting using night-vision devices Partial Hunting using trained animals Yes Hunting using dogs No Hunting using bird of prey (falconry) Yes Hunting at night Partial Hunting wildlife in breach of sustainability requirements Yes Hunting wildlife above authorized quotas No Hunting wildlife outside authorized seasons No Hunting wildlife during its reproductive cycle No Hunting female wildlife specimens of reproductive age No Hunting pregnant female specimens of wildlife Wildlife Regulation, 2008 (Art. 23) Wildlife Regulation, 2008 (Art. 25.a) Wildlife Regulation, 2008 (Art. 25.a) Wildlife Regulation, 2008 (Art. 25.d) Wildlife Regulation, 2008 (Art. 25.c) Wildlife Proclamation (2019 Bill). Articles 13.2, 21.1 02-05-004-000 02-05-004-001 02-05-004-002 02-05-004-003 02-05-005-000 02-05-006-000 02-06-000-000 02-06-001-000 02-06-002-000 02-07-000-000 No No 02-07-001-000 02-07-002-000 02-07-003-000 02-08-000-000 02-08-000-001 02-08-000-002 02-99-000-000 03-00-000-000 03-01-000-000 03-01-001-000 03-01-002-000 03-01-003-000 03-01-004-000 03-02-000-000 03-02-001-000 03-02-002-000 03-02-003-000 03-02-004-000 03-02-005-000 03-03-000-000 Hunting female specimens when accompanied by offspring Partial Hunting wildlife under the minimum age allowed No Hunting wildlife eggs No Hunting wildlife offspring (e.g. newborn) Yes Hunting juvenile or sub-adult wildlife No Hunting wildlife under the minimum permitted weight Yes Hunting female specimen Hunting in breach of safety requirements No Hunting under the influence No Hunting without the proper safety equipment Hunting in breach of ethical requirements No Failing to inspect traps or other devices at regular intervals No Abandoning injured wildlife in the act of hunting No Interfering with other people's hunting Violation of reporting and documentation requirements Yes Underreporting or misreporting hunting activities or quotas Yes Failing to properly tag hunted wildlife Other acts in violation of the law related to hunting No 02-05-003-003 Yes Yes Wildlife Regulation, 2008 (Art. 15) Wildlife Regulation, 2008 (Art. 15) Wildlife Regulation, 2008 (Art. 14) Wildlife Regulation, 2008 (Art. 14) Wildlife Proclamation (2019 Bill). Articles 21.1 OFFENCES RELATED TO HUNTING WEAPONS AND AMMUNITION No Prohibited actions related to hunting weapons and ammunition Firearms Proclamation, 2020 No Carrying prohibited weapons as hunting weapons No Carrying a hunting weapon for personal safety No Using authorized hunting weapons for non-hunting purposes No Losing a hunting weapon or ammunition Partial Handling hunting weapons or ammunition without authorization Yes Selling, purchasing or importing hunting weapons or ammunition Firearms Proclamation, 2020 (Art. 22.2) Yes Possessing hunting weapons or ammunition without authorization Firearms Proclamation, 2020 (Art. 22.2) Firearms Proclamation, 2020 (Art. 22.2) Yes Carrying a hunting weapon without authorization No Carrying a hunting weapon with an expired authorization No Failing to establish the lawful origin of a hunting weapon Partial Use of hunting weapons and ammunition in breach of legal requirements and procedures 03-03-001-000 03-03-002-000 03-03-003-000 03-03-004-000 03-03-005-000 03-99-000-000 04-00-000-000 04-01-000-000 04-02-000-000 04-02-001-000 04-02-002-000 04-02-002-001 04-02-002-002 04-02-002-003 04-02-002-004 04-03-000-000 04-03-001-000 04-03-002-000 04-03-003-000 04-03-004-000 04-03-005-000 04-03-006-000 04-03-007-000 04-03-008-000 04-04-000-000 04-04-001-000 04-04-002-000 04-04-003-000 04-04-004-000 04-04-004-001 04-04-004-002 No No Using a hunting weapon that shows signs of deterioration No Using a hunting weapon that fails to comply with safety standards Yes Possessing a hunting weapon with the weapon's marking altered No Possessing ammunition in quantities greater than those permitted Yes Failing to submit hunting weapon records when requested by the Other acts in violation of the law related to hunting weapons Firearms Proclamation, 2020 (Art. 27) Firearms Proclamation, 2020 (Art. 22-10) OFFENCES RELATED TO THE TRANSPORTATION OF WILDLIFE No Yes Transporting wildlife Wildlife Proclamation (2019 Bill) Transporting wildlife without due authorization Yes Transporting wildlife without the mandatory business registration Yes Transporting wildlife without mandatory documentation Yes Transporting wildlife without shipping documents Yes Transporting wildlife without transit documents Yes Yes Transporting wildlife without a health certificate Yes Transporting imported wildlife without a CITES permit No Partial Transporting wildlife of illegal origin Forest Proclamation, 2018(Art. 26(8)) Yes Transporting wildlife illegally hunted in the country No Transporting wildlife illegally hunted in a foreign country Customs Proclamation, 2014 ((Art. 168(2)). Yes Transporting wildlife illegally imported No Transporting Appendix I wildlife imported without CITES certificate No Transporting wildlife sourced from unauthorized breeding site No Transporting wildlife illegally sold No Transporting wildlife illegally purchased No Transporting stolen wildlife N.A. Transporting wildlife in breach of legal requirements and procedures N.A. Transporting wildlife in improper receptacles N.A. Transporting wildlife in overcrowded conditions N.A. Transporting wildlife in amounts that exceed what is necessary for N.A. Transporting wildlife that is unfit to be transported N.A. Transporting wildlife injured or sick Transporting wildlife that is likely to give birth during N.A. conveyance 04-99-000-000 05-00-000-000 05-01-000-000 05-02-000-000 05-03-000-000 05-03-001-000 05-03-002-000 05-03-003-000 05-03-004-000 05-03-005-000 05-03-006-000 05-03-007-000 05-03-008-000 05-03-009-000 05-99-000-000 06-00-000-000 06-01-000-000 06-01-001-000 06-01-002-000 06-02-000-000 06-02-001-000 06-02-002-000 06-02-003-000 06-02-004-000 06-03-000-000 06-03-001-000 06-03-002-000 06-03-003-000 06-03-004-000 06-03-005-000 06-03-006-000 06-03-007-000 N.A. Other acts in violation of the law related to the breach of legal provisions OFFENCES RELATED TO THE STORAGE OF WILDLIFE No Storing wildlife Yes Storing wildlife without authorization Partial Storing wildlife of illegal origin Yes Storing wildlife illegally hunted in the country No Storing wildlife illegally hunted in a foreign country Yes Storing wildlife illegally imported No Storing Appendix I wildlife imported without a CITES certificate No Storing wildlife sourced from unauthorized breeding site No Storing wildlife illegally sold No Storing wildlife illegally purchased No Storing wildlife illegally transported No Storing stolen wildlife No Other acts in violation of the law related to the storage of wildlife Wildlife Proclamation (2019 Bill). Art. 11.1 Forest Proclamation, 2018(Art. 26(8)) Customs Proclamation, 2014 ((Art. 168(2)). OFFENCES RELATED TO THE PROCESSING OF WILDLIFE No Processing of wildlife No Processing prohibited goods from wildlife No Processing wildlife for the food industry Processing wildlife without authorization N/A N/A Operating as a wildlife trophy dealer without authorization N/A Operating processing facilities for wildlife without authorization N/A Processing items from wildlife trophies without authorization N/A Processing wildlife skins without authorization Partial Processing wildlife of illegal origin Yes Processing wildlife illegally hunted in the country No Processing wildlife illegally hunted in a foreign country No Processing wildlife illegally imported No Processing Appendix I wildlife imported without CITES certificate No Processing wildlife sourced from unauthorized breeding site No Processing wildlife illegally sold No Processing wildlife illegally purchased Forest Proclamation, 2018(Art. 26(1)) 06-03-008-000 06-03-009-000 06-04-000-000 06-04-001-000 N/A 06-99-000-000 No 07-00-000-000 07-01-000-000 07-01-001-000 OFFENCES RELATED TO THE DOMESTIC TRADE IN WILDLIFE No 07-01-001-001 07-01-001-002 07-01-002-000 07-01-002-001 07-01-002-002 07-01-002-003 07-01-002-004 07-01-003-000 07-01-003-001 07-01-003-002 07-01-003-003 07-01-004-000 07-01-005-000 07-01-006-000 07-01-007-000 07-02-000-000 07-02-001-000 07-02-001-001 No Processing wildlife illegally transported No Processing stolen wildlife Processing wildlife in breach of legal requirements and procedures N/A Processing wildlife without possessing a control book (e.g. stud Other acts in violation of the law related to wildlife processing Yes Trading wildlife No Advertising wildlife No Advertising wildlife online No Advertising wildlife in other media No Selling wildlife No Selling wildlife under protection of temporary bans No Selling wildlife hit on a road No Selling wildlife as pets Selling wildlife sourced under non-commercial No authorization (e.g. sourced from subsistance, recreational or scientific hunting) No Purchasing wildlife No Purchasing banned wildlife No Purchasing wildlife hit on a road Purchasing wildlife sourced under non-commercial No authorization (e.g. sourced from subsistance, recreational or scientific hunting) No Renting wildlife No Donating or gifting wildlife No Exchanging wildlife without authorization No Facilitating online wildlife trafficking Trading wildlife without authorization Yes Selling wildlife without authorization Yes Selling wildlife without sales authorization Wildlife Proclamation (2019 Bill). Art. 11.1, 15.1A and 1B, and 21.2.A Wildlife Proclamation (2019 Bill). Art. 11.1, 15.1A and 1B, and 21.2.A 07-02-001-002 07-02-001-003 07-02-001-004 07-02-002-000 07-02-003-000 07-02-004-000 07-02-005-000 07-03-000-000 07-03-001-000 07-03-001-001 07-03-001-002 07-03-001-003 07-03-001-004 07-03-001-005 07-03-001-006 07-03-001-007 07-03-002-000 07-03-002-001 07-03-002-002 07-03-002-003 07-03-002-004 07-03-002-005 07-03-002-006 07-03-002-007 07-03-003-000 07-03-003-001 Selling wildlife after having the sales authorization revocked Selling wildlife using a sales authorization from a third Yes party Selling wildlife without registering with competent N.A. environmental authorities Yes Purchasing wildlife without authorization Yes Renting wildlife without authorization Yes Donating or gifting wildlife without authorization Yes Exchanging wildlife without authorization Partial Trading wildlife of illegal origin No Advertising for sale wildlife of illegal origin No Advertising wildlife illegally hunted in the country No Adversiting wildlife illegally hunted in a foreign country No Advertising wildlife illegally imported Advertising wildlife sourced from an unauthorized No breeding site No Advertising illegally transported wildlife No Advertising stolen wildlife No Advertising wildlife without proof of its legal origin Partial Selling wildlife of illegal origin Yes Selling wildlife illegally hunted in the country No Selling wildlife illegally hunted in a foreign country Yes Selling wildlife illegally imported Selling wildlife sourced from an unauthorized breeding No site No Selling illegally transported wildlife No Selling stolen wildlife No Selling wildlife without proof of its legal origin Partial Purchasing wildlife of illegal origin No Purchasing wildlife illegally hunted in the country Yes Wildlife Proclamation (2019 Bill). Art. 11.1, 15.1A and 1B, and 21.2.A Wildlife Proclamation (2019 Bill). Art. 11.1, 15.1A and 1B, and 21.2.A Wildlife Proclamation (2019 Bill). Art. 11.1A, 21.2.A Wildlife Proclamation (2019 Bill). Art. 11.1, 15.1A, 21.2A Wildlife Proclamation (2019 Bill). Art. 11.1, 15.1A, 21.2A Wildlife Proclamation (2019 Bill). Art. 11.1, 15.1A, 21.2A Forest Proclamation, 2018(Art. 26(8)) Customs Proclamation, 2014 ((Art. 168(2)). No Yes 07-03-003-002 07-03-003-003 07-03-003-004 07-03-003-005 07-03-003-006 07-03-003-007 07-04-000-000 N.A. 07-04-001-000 07-04-001-001 Purchasing wildlife illegally hunted in a foreign country Purchasing wildlife illegally imported Purchasing wildlife sourced from an unauthorized No breeding site No Purchasing illegally sold wildlife No Purchasing illegally transported wildlife No Purchasing stolen wildlife Trading wildlife in breach of legal requirements and procedures N.A. Selling wildlife in breach of legal requirements and procedures No Selling wildlife with contagious diseases 07-04-001-002 N.A. 07-04-001-003 N.A. 07-04-001-004 07-04-001-005 07-99-000-000 08-00-000-000 08-01-000-000 08-01-001-000 08-01-002-000 08-01-003-000 08-01-004-000 08-01-005-000 08-02-000-000 08-02-001-000 08-02-001-001 08-02-001-002 Yes Customs Proclamation, 2014 ((Art. 168(2)). Selling legally bred wildlife in breach of legal procedures Selling wildlife using a false product description Selling wildlife in breach of reporting requirements (e.g. N.A. stocks, monetary values, inventory, etc.) N.A. Transferring the rights to sell wildlife Other acts in violation of the law related to the domestic trade in wildlife Wildlife Proclamation (2019 Bill). Articles 21.2.A OFFENCES RELATED TO THE FOREIGN TRADE IN WILDLIFE Partial Importing, exporting or re-exporting wildlife Importing, exporting or re-exporting wildlife subject to a national Yes ban (e.g. rhino, pangolin, etc) No Importing invasive wildlife No Importing genetically modified wildlife No Importing poisonous wildlife No Importing wildlife pets Yes Importing, exporting or re-exporting wildlife without authorization Yes Customs Proclamation, 2014 ((Art. 168(1)). Criminal Code, 2004 (Art. 353.1) Wildlife Proclamation (2019 Bill). Article 14.2, 15.1B, 21.2.A. Customs Proclamation, 2014 (Art. 168(1). Importing, exporting or re-exporting protected wildlife without CITCustoms Proclamation, 2014 (Art. 156) Importing, exporting or re-exporting wildlife without Yes CITES permit Importing, exporting or re-exporting wildlife using a Yes false, forged or altered CITES permit Importing, exporting or re-exporting wildlife in violation of an approved CITES permit Importing, exporting or re-exporting protected wildlife without Yes 08-02-001-003 08-02-002-000 08-02-003-000 08-02-004-000 08-02-005-000 08-03-000-000 08-03-001-000 08-03-002-000 08-03-003-000 08-03-004-000 08-03-005-000 08-03-006-000 08-03-007-000 08-04-000-000 08-04-001-000 08-04-002-000 08-04-002-001 08-04-002-002 08-04-003-000 08-04-003-001 08-04-003-002 08-04-003-003 08-04-003-004 Yes Animal Diseases Prevention and Control Proclamation, 2002 (Art. Importing, exporting or re-exporting wildlife without health certifica12.2 and 13.2) Yes Importing potentially invasive wildlife without authorization Yes Importing genetically modified wildlife without authorization No Importing, exporting or re-exporting wildlife of illegal origin No Exporting wildlife illegally hunted in the country No Importing or re-exporting wildlife illegally hunted in a foreign jurisdiction No Exporting wildlife sourced from unauthorized breeding site No Exporting illegally sold wildlife No Exporting illegally purchased wildlife No Exporting illegally transported wildlife No Exporting stolen wildlife Partial Importing, exporting or re-exporting wildlife in breach of customs procedures N.A. Importing wildlife without business registration as importer Yes Importing, exporting or re-exporting wildlife avoiding customs control (smuggling) Importing, exporting or re-exporting hidden or Customs Proclamation, 2014 (Art. 169.2) Yes concealed wildlife Importing, exporting or re-exporting wildlife packaged Customs Proclamation, 2014 (Art. 169.1) Yes to deceive customs officers Customs Proclamation, 2014 (Art. 162 Importing, exporting or re-exporting wildlife without following Importing, exporting or re-exporting wildlife through a point different from the designated port of entry Importing, exporting or re-exporting wildlife by evading Animal Diseases Prevention and Control Proclamation, 2002 (Art. Yes 12.2 and 13.2) a point of animal health inspection Importing, exporting or re-exporting wildlife carrying Animal Diseases Prevention and Control Proclamation, 2002 (Art. Yes contagious diseases without reporting to quarantine 12.2 ) authorities Importing, exporting or re-exporting wildlife without shipping documentation Importing, exporting or re-exporting wildlife without due customs declaration Importing wildlife evading totally or partially the payment of customs duties Exporting wildlife breaking mandatory quarantine Animal Diseases Prevention and Control Proclamation, 2002 (Art. Yes 12.2 ) requirements Loading or unloading wildlife in a customs area before the approval of customs office Unloading imported wildlife in a customs area outside of Customs Proclamation, 2014 (Art. 171) Yes the authorized place Breaking or removing seals, marks or stamps affixed by Customs Proclamation, 2014 (Art. 1710) Yes customs officers without permission Other acts in violation of the law related to importing, exporting or re-exporting wildlife 08-04-003-005 08-04-003-006 08-04-003-007 08-04-003-008 08-04-003-009 08-04-003-010 08-99-000-000 09-00-000-000 09-01-000-000 09-02-000-000 09-02-001-000 09-02-002-000 09-03-000-000 09-03-001-000 09-03-002-000 09-03-003-000 09-03-004-000 09-03-005-000 09-03-006-000 09-03-007-000 09-03-008-000 09-03-009-000 09-04-000-000 09-04-001-000 09-04-002-000 OFFENCES RELATED TO THE POSSESSION OF WILDLIFE No Yes Possessing wildlife Wildlife Proclamation (2019 Bill). Art. 11.1, 15.1B, Possessing wildlife without authorization Yes Possessing collections of wildlife without registration Yes Possessing wildlife trophies without authorization Partial Possessing wildlife of illegal origin No Possessing wildlife illegally hunted in the country No Possessing wildlife illegally hunted in a foreign country Customs Proclamation, 2014 ((Art. 168(2)). Yes Possessing wildlife illegally imported No Possessing Appendix I imported wildlife unaccompanied of the No Possessing wildlife sourced from unauthorized breeding site No Possessing wildlife illegally sold No Possessing wildlife illegally purchased No Possessing wildlife transported illegally No Possessing stolen wildlife N.A. Possessing wildlife in breach of hunting limitations N.A. Possessing wildlife below the minimum ages allowed (e.g. N.A. Possessing wildlife weighing below the minimum required animal weight 21.2.C N.A. Possessing wildlife that is undersized N.A. Possessing wildlife out of harvest season Other acts in violation of the law related to wildlife possession 09-04-003-000 09-04-004-000 09-99-000-000 10-00-000-000 OFFENCES RELATED TO THE BREEDING OF WILDLIFE 10-01-000-000 11-01-001-000 No 10-02-000-000 10-02-001-000 10-02-002-000 10-03-000-000 Yes No 10-03-001-000 10-03-002-000 10-03-003-000 10-03-004-000 10-03-005-000 10-03-006-000 10-03-007-000 10-03-008-000 10-03-009-000 10-04-000-000 10-04-001-000 N.A. 10-04-002-000 10-04-003-000 10-04-004-000 10-04-005-000 10-99-000-000 11-00-000-000 11-01-000-000 11-01-001-000 11-02-000-000 11-03-000-000 11-03-001-000 Breeding wildlife No Breeding or training wildlife for fights Wildlife Proclamation (2019 Bill). Article 14.1 Breeding wildlife without authorization Wildlife Proclamation (2019 Bill). Article 14.1 Yes Breeding wildlife without registration Wildlife Proclamation (2019 Bill). Article 14.1 Yes Breeding wildlife specimen without documentation to proof their leg Breeding wildlife using breeding stock of illegal origin No Breeding wildlife using breeding stock illegally hunted in the country No Breeding wildlife using breeding stock illegally hunted in a foreign country No Breeding wildlife using breeding stock illegally imported No Breeding Appendix I wildlife using imported breeding stock No Breeding wildlife using breeding stock from unauthorized breeding site No Breeding wildlife using breeding stock illegally sold No Breeding wildlife using breeding stock illegally purchased No Breeding wildlife using breeding stock transported illegally No Breeding wildlife using stolen breeding stock Breeding wildlife in breach of legal requirements and procedures N.A. Breeding wildlife without conducting a feasibility study N.A. Breeding wildlife without maintaining a control book (e.g. stud N.A. Breeding wildlife without submitting reports to authorities N.A. Breeding wildlife without proper marking system or certification N.A. Not maintaining the purity of wildlife up to the first generation by Other acts in violation of the law related to wildlife breeding OFFENCES RELATED TO EXHIBITING WILDLIFE Yes N.A. No Exhibiting wildlife Yes Organizing fights involving wildlife Exhibiting wildlife without authorization Exhibiting wildlife of illegal origin No Exhibiting wildlife illegally hunted in the country Wildlife Proclamation (2019 Bill) Wildlife Proclamation (2019 Bill) 11-03-002-000 11-03-003-000 11-03-004-000 11-03-005-000 11-03-006-000 11-03-007-000 11-03-008-000 11-03-009-000 11-04-000-000 N.A. 11-04-001-000 11-04-002-000 11-04-003-000 11-04-004-000 11-04-005-000 11-99-000-000 12-00-000-000 12-01-000-000 12-02-000-000 12-02-001-000 OFFENCES RELATED TO SCIENTIFIC RESEARCH USING WILDLIFE No Yes 12-02-002-000 12-02-003-000 12-02-004-000 12-03-000-000 12-03-001-000 12-03-002-000 12-03-003-000 12-03-004-000 12-03-005-000 12-03-006-000 12-03-007-000 12-03-008-000 12-03-009-000 No Exhibiting wildlife illegally hunted in a foreign country No Exhibiting wildlife illegally imported No Exhibiting Appendix I imported wildlife unaccompanied of the CITES certificate No Exhibiting wildlife sourced from unauthorized breeding site No Exhibiting illegally sold wildlife No Exhibiting wildlife illegally purchased No Exhibiting illegally transported wildlife No Exhibiting stolen wildlife Exhibiting wildlife in breach of legal requirements and procedures N.A. Exhibiting wildlife in performances requiring skill using untrained wildlife N.A. Exhibiting wildlife in performances involving cruelty N.A. Exhibiting wildlife in performances under the influence of stimulants N.A. Exhibiting wildlife in iron cages N.A. Exhibiting wildlife in unsuitable places Other acts in violation of the law related to wildlife exhibition No Conducting scientific research using wildlife Wildlife Proclamation (2019 Bill). Article 16.1.A Conducting scientific research on wildlife without due authorization Conducting scientific research on wildlife without accreditation of Conducting scientific research on wildlife without proper Conducting scientific research on wildlife for biotechnology Conducting scientific research on wildlife to study pain and Conducting scientific research with wildlife of illegal origin No Conducting scientific research with wildlife illegally hunted in the country No Conducting scientific research with wildlife hunted illegally in a foreign country No Conducting scientific research with illegally imported wildlife No Conducting scientific research with Appendix I imported wildlife No Conducting scientific research with wildlife sourced from No Conducting scientific research using wildlife illegally sold No Conducting scientific research with wildlife illegally purchased No Conducting scientific research with illegally transported wildlife No Conducting scientific research with stolen wildlife 12-04-000-000 12-04-001-000 No 12-04-002-000 12-04-003-000 12-04-004-000 12-04-005-000 12-05-000-000 12-05-001-000 12-05-002-000 N.A. 12-99-00-000 13-00-000-000 13-01-000-000 13-01-001-000 13-02-000-000 13-02-001-000 13-02-002-000 13-02-003-000 13-02-003-001 13-02-003-002 13-02-003-003 13-03-000-000 Conducting scientific research compromising the welfare of wildlife No Conducting scientific research with wildlife while not providing No Conducting scientific research with wildlife and causing painful or No Conducting scientific research with wildlife and not using No Conducting scientific research with wildlife and not following No Conducting scientific research with wildlife by reusing the same Conducting scientific research in breach of legal requirements and procedures N.A. Conducting scientific research with biological materials without N.A. Conducting scientific research with wildlife without sharing results Other acts in violation of the law related to the use of wildlife for scientific research OFFENCES RELATED TO OTHER USES OF WILDLIFE No Using wildlife No Using wildlife in audiovisual productions N.A. Using wildlife without authorization N.A. Using wildlife without permit N.A. Using Appendix I imported wildlife in breach of the CITES permit N.A. Using wildlife in breach of authorized purposes Using wildlife for other purposes when it was sourced for N.A. scientific purposes Using wildlife for other purposes when it was sourced for N.A. control purposes Using wildlife for other purposes when it was sourced for N.A. subsistence purposes Partial Using wildlife of illegal origin 13-03-001-000 Yes Using wildlife illegally hunted in the country 13-03-002-000 No No No No No No Using Using Using Using Using Using 13-03-003-000 13-03-004-000 13-03-005-000 13-03-006-000 13-03-007-000 Forest Development, Conservation and Utilization Proclamation, 2018(Art. 26(1)) wildlife illegally hunted in a foreign country wildlife illegally imported Appendix I imported wildlife unaccompanied by the CITES permit wildlife sourced from unauthorized breeding site wildlife illegally sold wildlife illegally purchased 13-03-008-000 13-03-009-000 13-99-000-000 14-00-000-000 14-01-000-000 14-01-001-000 14-01-002-000 14-01-003-000 14-01-004-000 14-01-005-000 14-01-006-000 14-01-007-000 14-02-000-000 14-02-001-000 14-02-002-000 14-02-003-000 14-02-004-000 14-03-000-000 14-03-001-000 14-03-002-000 14-03-003-000 14-03-004-000 14-03-005-000 14-03-006-000 14-99-000-000 15-00-000-000 No Using illegally transported wildlife No Using stolen wildlife Other acts in violation of the law related to other uses of wildlife OFFENCES RELATED TO ANIMAL HEALTH AND WELFARE Treating wildlife with cruelty Injuring wildlife in captivity Mutilating wildlife Vivisecting wildlife for purposes other than research Slaughtering wildlife in breach of humanitarian rules Performing sexual acts with wildlife Using devices causing unnecessary suffering to wildlife Releseing captive wildlife under dangerous conditions Failing to comply with animal welfare legal standards Failing to provide appropriate nutrition for captive wildlife Failing to provide appropriate veterinary care for captive wildlife Failing to meet safety standards for captive wildlife Failing to provide appropriate living conditions for captive wildlife Violation of quarantine procedures Failure to quarantine wildlife specimens carrying or suspected to carry pest or diseases Failure to quarantine people carrying or suspected of carying pest or wildlife diseases Failure to quarantine equipment carrying or suspected of carrying pest or wildlife diseases Failure to quarentine water carrying or suspected of carrying pest or wildlife diseases Failure to quarentine packing material carrying or suspected of carrying pest or wildlife diseases Yes Failure to report infected wildlife to nearest authorities Other acts in violation of the law related to animal health and welfare OFFENCES RELATED TO FORGERY OF WILDLIFE DOCUMENTS Animal Diseases Prevention and Control Proclamation, 2002 (Art. 3.1 and 3.2) 15-01-000-000 15-01-001-000 15-01-002-000 15-01-003-000 15-01-004-000 15-01-004-001 15-01-004-002 15-02-000-000 15-02-001-000 15-02-002-000 15-02-003-000 15-02-004-000 15-02-004-001 15-02-004-002 15-02-005-000 15-99-000-000 16-00-000-000 16-01-000-000 16-01-001-000 16-01-002-000 16-01-003-000 16-01-004-000 16-01-005-000 16-02-000-000 16-02-001-000 16-02-002-000 16-02-003-000 16-02-003-001 16-02-003-002 16-02-003-003 16-02-004-000 Falsifying elements on wildlife-related public and private transactions Yes Falsifying public documents (e.g. hunting permit, breeding permit,Customs Proclamation, 2014 (Art. 167.1). Criminal Code (Art. 364) Customs Proclamation, 2014 (Art. 167.1). Criminal Code (Art. 364) Yes Falsifying private documents (e.g. invoices, breeding log, etc.) Falsifying signatures Falsifying official identification elements Customs Proclamation, 2014 (Art. 167.1). Yes Falsification of official uniforms, insignia or badges Customs Proclamation, 2014 (Art. 167.1). Criminal Code (Art. 365) Yes Falsification of official marks, seals and stamps Using forged elements on wildlife-related public and private transactions Customs Proclamation, 2014 (Art. 167.1) Yes Using forged public documents Customs Proclamation, 2014 (Art. 167.1) Yes Using forged private documents Using forged signatures Yes Using forged official identification elements Customs Proclamation, 2014 (Art. 167.1) Yes Using of forged official uniforms, insignia or badges Customs Proclamation, 2014 (Art. 167.1). Criminal Code (Art. 365) Yes Using of forged official marks, seals and stamps Using false identities Other acts in violation of the law related to forgery of wildlife documents OFFENCES RELATED TO THE OBSTRUCTION OF JUSTICE IN WILDLIFE CRIMES Breaching reporting and enforcement requirements Failing to present declaration of wildlife inventories Failing to report wildlife abuse Failing to submit wildlife-related reports Failing to keep wildlife records or books when obliged by law Failing to stop or report wildlife offences by enforcement officers Obstructing wildlife enforcement and investigative actions Criminal Code (2004), Art. 440 Yes Refusing to answer a question of an enforcement officer Yes Refusing to provide documentation at the request of an inspector Criminal Code (2004), Art. 440 Providing false information to governmental officials Providing false information to a wildlife officer Customs Proclamation, 2014 (Art. 166) Yes Providing false information to a customs officer Providing false information in a wildlife damage claim Refusing to allow lawful search of an inspector or enforcement officeCriminal Code (2004), Art. 440 16-02-004-002 16-02-005-000 16-02-006-000 16-02-006-001 16-02-006-002 16-02-006-003 16-02-006-004 16-03-000-000 16-03-001-000 16-03-002-000 16-99-000-000 Refusing to allow search within customs area by enforcement officer Refusing to allow search in road controls by enforcement officer Refusing to follow an order by an inspector or enforcement officer Assaulting verbally, morally or physically an officer or inspection Assaulting a wildlife enforcement officers during the exercise of his or her functions Yes 16-02-004-001 Yes Customs Proclamation, 2014 (Art. 166) Criminal Code (2004), Art. 440 Assaulting a park ranger in the exercise of their functions Assaulting a customs officer in the exercise of their functions Refusal by a hunter to unload a weapon during an inspection Obstructing the prosecution of a wildlife crime Obstructing performance of judicial authorities in wildlife crimes Obstructing witness testimonies in wildlife crime cases Other acts in violation of the law related to obstruction of justice in wildlife crimes 01-00-000-000 Wildlife Proclamation, 2007 (5,000 to 30,000 Birr). Wildlife Proclamation, 2019 Bill (10,000 -100,000 Birr (USD 300 to 3,000)). Wildlife Proclamation, 2007 (1-5Y), Wildlife Proclamation, 2019 (3-5Y) Wildlife Proclamation, 2007 (5,000 to 30,000 Birr). Wildlife Proclamation, 2019 Bill (10,000 -100,000 Birr (USD 300 to 3,000)). Wildlife Proclamation, 2007 (5,000 to 30,000 Birr). Wildlife Proclamation, 2019 Bill (10,000 -100,000 Birr (USD 300 to 3,000)). Wildlife Proclamation, 2007 (1-5Y), Wildlife Proclamation, 2019 (3-5Y) Wildlife Proclamation, 2007 (1-5Y), Wildlife Proclamation, 2019 (3-5Y) Yes Wildlife Proclamation, 2007 (5,000 to 30,000 Birr). Wildlife Proclamation, 2019 Bill (10,000 -100,000 Birr (USD 300 to 3,000)). Wildlife Proclamation, 2007 (1-5Y), Wildlife Proclamation, 2019 (3-5Y) Yes Wildlife Proclamation, 2007 (5,000 to 30,000 Birr). Wildlife Proclamation, 2019 Bill (10,000 -100,000 Birr (USD 300 to 3,000)). Wildlife Proclamation, 2007 (1-5Y), Wildlife Proclamation, 2019 (3-5Y) Yes Yes Causing harm or injury to wildlife inside protected areas Yes Yes Trespassing in a protected area to hunt wildlife Yes Yes Entering into a protected area with hunting weapons, vehicles, equipment, or substances 01-01-007-000 Yes Illegally accessing genetic wildlife resources 01-01-008-000 Yes 01-01-002-000 01-01-004-000 01-01-005-000 01-01-009-000 Yes Introducing invasive species inside protected Allowing livestock to enter into a protected area Yes 10,000 -30,000 Birr (USD 3001-3Y 900) Wildlife Proclamation, 2007 Wildlife Proclamation (5,000 to 30,000 Birr). Forest (1-5Y), Forest Proclamation (10,000 -30,000 Proclamation (1-3Y) Birr (USD 300-900)) Yes Yes Yes Yes Yes Yes Compensatio n Remediation Prision OFFENCES RELATED TO THE CONSERVATION OF WILDLIFE AND WILDLIFE HABITATS Chasing, disturbing, or harassing wildlife inside protected areas 01-01-001-000 Fine Disqualificati on for license Detention Proceeds of the Crime Public Register of Offenders License revocation Taxonomy of Wildlife Offenses Hunting Tools and Weapons Means of Transport Offense CodeGlobal Wildlife Confirscation of 02-00-000-000 Discharging hazardous substances into 20,000-50,000 Birr (50,000the soild or water 100,000 Birr if legal entity) 5-10Y for company Yes (5,000 - 10,000 K for officers only or fine bodies that are company officer) part of wildlife habitats and ecosystems Discharging into the atmosphere 1,000 - 5,000 Birr (5,000 gases, fumes, 25,000 K for legal entities), 1-10Y (5-10Y for Yes dust or (5,000 - 10,000 for company company officers) contaminants that officers) cause damage to wildlife Discharging emissions of noise, vibrations, Yes thermal energy or light that cause damage to wildlife Wildlife Proclamation, 2007 Wildlife Conducting activities inside Yes (5,000 to 30,000 Birr). Proclamation, 2007 Yes protected areas without Wildlife Proclamation, 2019 (1-5Y), Wildlife Other acts in violation of the law Yes Yes related to wildlife and wildlife OFFENCES RELATED TO THE HUNTING OF WILDLIFE (e.g. Tapping, taking, collecting, poaching, catching, etc.) 02-01-000-000 Partial Hunting wildlife 01-01-010-001 01-01-010-002 01-01-010-003 01-02-000-000 01-99-000-000 02-01-004-000 Yes Hunting wildlife subjected to temporary bans Yes 5,000 to 30,000 Birr 1-5Y Between 50,000 and 150,000 Birr (USD 1,500 to 4,500). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 3 and 10 Years. If protected species, between 5 and 15 Years Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 02-02-000-000 02-02-001-000 02-02-003-000 02-03-004-000 02-03-000-000 02-03-003-000 02-03-003-001 02-03-003-002 02-04-000-000 02-04-001-000 02-04-001-004 02-04-001-007 02-04-001-008 02-04-002-000 Yes Hunting without authorization Yes Between 50,000 and 150,000 Birr (USD 1,500 to 4,500). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Hunting for scientific 5,000 to 30,000 Birr Yes purposes without authorization Hunting for commercial 5,000 to 30,000 Birr Yes purposes without authorization Hunting for recreational 5,000 to 30,000 Birr Yes purposes without authorization Partial Hunting wildlife in prohibited areas Partial Hunting wildlife in special zones Hunting outside 5,000 to 30,000 Birr Yes designated hunting areas Hunting inside Yes protected areas Partial Hunting using illegal means or methods Partial Hunting using prohibited weapons or traps Hunting using weapon with 5,000 to 30,000 Birr Yes calibre exceeding the limits of the law Hunting using 5,000 to 30,000 Birr Yes traps Hunting using a 5,000 to 30,000 Birr Yes weapon as part of a trap Yes Hunting using prohibited substances Between 3 and 10 Years. If protected species, between 5 and 15 Years Yes Yes 1-5Y Yes Yes 1-5Y Yes Yes 1-5Y Yes Yes 1-5Y Yes Yes Yes Yes Yes Yes 1-5Y Yes Yes Yes 1-5Y Yes Yes Yes 1-5Y Yes Yes Yes 02-04-002-001 02-04-002-002 02-04-002-003 02-04-002-004 02-04-003-000 Hunting using 5,000 to 30,000 Birr Yes explosives (i.e. granade, bomb) Hunting using 5,000 to 30,000 Birr Yes chemicals Hunting using poison or 5,000 to 30,000 Birr Yes dangerous substances Hunting using tranquillizing, 5,000 to 30,000 Birr Yes narcotic, immobilizing or similar agent Partial Hunting using prohibited baits or control mechanisms 1-5Y Yes Yes Yes 1-5Y Yes Yes Yes 1-5Y Yes Yes Yes 1-5Y Yes Yes Yes 02-04-003-002 Yes Hunting using fire 5,000 to 30,000 Birr 1-5Y Yes Yes Yes 02-04-003-004 Yes Hunting using live animals as baits 5,000 to 30,000 Birr 1-5Y Yes Yes Yes 1-5Y Yes Yes Yes 1-5Y Yes Yes Yes 1-5Y Yes Yes Yes 1-5Y Yes Yes Yes 02-04-004-000 02-04-004-001 02-04-004-002 02-04-007-000 02-04-007-001 02-04-008-000 02-05-000-000 Partial Hunting using vehicles Hunting from 5,000 to 30,000 Birr Yes aerial vehicles Hunting from terrestrial 5,000 to 30,000 Birr Yes motorized vehicles Partial Hunting using trained animals Hunting using 5,000 to 30,000 Birr Yes dogs 5,000 to 30,000 Birr Yes Hunting at night Partial Hunting wildlife in breach of sustainability requirements Yes 02-05-001-000 Yes Partial Hunting wildlife under the minimum age allowed Hunting juvenile 5,000 to 30,000 Birr - Price of Yes or sub-adult the wildlife x 2 wildlife 02-05-004-000 02-05-004-003 Yes 02-05-006-000 02-08-000-000 Hunting wildlife above authorized quotas Between 50,000 and 150,000 Birr (USD 1,500 to 4,500). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Yes Hunting female specimen Between 3 and 10 Years. If protected species, between 5 and 15 Years Yes, Yes if courts decide it 1-5Y Yes Yes Yes 5,000 to 30,000 Birr - Price of 1-5Y the male specimen x 2 Yes Yes Yes Violation of reporting and documentation requirements 02-08-000-001 Yes Underreporting or misreporting hunting activities or quotas 5,000 to 30,000 Birr - Price of 1-5Y the male specimen x 2 Yes Yes 02-08-000-002 Yes Failing to properly tag hunted wildlife 5,000 to 30,000 Birr - Price of 1-5Y the male specimen x 2 Yes Yes Between 50,000 and 150,000 Birr (USD 1,500 to 4,500). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Yes Yes 02-99-000-000 03-00-000-000 Yes Other acts in violation of the law related to hunting Yes Between 3 and 10 Years. If protected species, between 5 and 15 Years OFFENCES RELATED TO HUNTING WEAPONS AND AMMUNITION Yes Selling, purchasing or importing hunting weapons or ammunition without authorization 5,000 - 10,000 Birr 1-3 Y Yes 03-02-002-000 Yes Possessing hunting weapons or ammunition without authorization 5,000 - 10,000 Birr 1-3 Y Yes 03-02-003-000 Yes Carrying a hunting weapon without authorization 5,000 - 10,000 Birr 1-3 Y Yes 03-02-001-000 Yes Yes 03-03-003-000 03-03-005-000 04-00-000-000 04-02-000-000 04-02-001-000 04-02-002-000 04-02-002-001 04-02-002-002 04-02-002-003 04-02-002-004 04-03-000-000 04-03-001-000 Yes Possessing a hunting weapon with the weapon's marking altered (e.g. serial numbers, factory characteristics, etc.) 6-24 months Yes Failing to submit hunting weapon records when requested by the supervisory authority Up to 3 Y OFFENCES RELATED TO THE TRANSPORTATION OF WILDLIFE Yes Transporting wildlife without due a Yes Yes Yes Up to 10,000 Birr (USD 300) Between 3 and 12 months Yes Yes Yes Transporting wildlife without the mandatory business registration Transporting wildlife without mandatory documentation Transporting wildlife without Yes shipping documents Transporting Yes wildlife without transit documents Transporting Yes wildlife without a health certificate Transporting imported wildlife Yes without a CITES permit Partial Transporting wildlife of illegal origin Transporting wildlife Yes illegally hunted in the country 15,000-20,000 Birr (USD 450Between 5-8Y 700) Yes Yes Yes 04-03-003-000 05-00-000-000 05-02-000-000 05-03-000-000 05-03-001-000 Yes 07-02-000-000 07-02-001-000 Storing wildlife without authorizatio Yes Partial Storing wildlife of illegal origin Storing wildlife illegally Yes hunted in the country Yes 3-5 Years (10-15Y if using force or organized crime) Yes Up to 10,000 Birr (USD 300) Between 3 and 12 months Yes Yes Yes Yes 15,000-20,000 Birr (USD 450Between 5-8Y 700) 50,000 to 100,000 Birr (Customs Code) - Up to 10,000 (Criminal Code) Storing wildlife illegally imported 3-5 Years (10-15Y if using force or organized crime) Customs Law - Up to 10Y if with force or fraude Yes Yes Yes Yes OFFENCES RELATED TO THE PROCESSING OF WILDLIFE Yes 06-03-001-000 07-00-000-000 50,000 to 100,000 Birr OFFENCES RELATED TO THE STORAGE OF WILDLIFE 05-03-003-000 06-00-000-000 Transporting wildlife illegally imported Processing wildlife illegally hunted in the country 10,000-20,000 Birr (USD 300Up to 12 months 700) Yes Yes OFFENCES RELATED TO THE DOMESTIC TRADE IN WILDLIFE Yes Trading wildlife without authorization Yes Selling wildlife without authorization 07-02-001-001 Selling wildlife Yes without sales authorization 07-02-001-002 Selling wildlife after having the Yes sales authorization revocked Yes Yes Yes Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes Yes Yes Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes Yes Yes Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes Yes Yes Selling wildlife using a sales Yes authorization from a third party 07-02-001-003 07-02-002-000 07-02-003-000 07-02-004-000 07-02-005-000 07-03-000-000 07-03-002-001 Yes Purchasing wildlife without authorization Yes Renting wildlife without authorization Yes Donating or gifting wildlife without authorization Yes Exchanging wildlife without authorization Partial Trading wildlife of illegal origin Selling wildlife Yes illegally hunted in the country Selling wildlife illegally imported 07-03-002-003 Yes 07-03-003-003 Purchasing Yes wildlife illegally imported Yes Yes Yes Yes Yes Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes Yes Yes Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes Yes Yes Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes Yes Yes Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes Yes Yes Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes Yes Yes 15,000-20,000 Birr (USD 450Between 5-8Y 700) Yes 50,000 to 100,000 Birr (Customs Code) - Up to 10,000 (Criminal Code) 3-5 Years (10-15Y if using force or organized crime, Customs Code) - Up to 10Y (if with force or fraude) Yes 50,000 to 100,000 Birr 3-5 Years (10-15Y if using force or organized crime) Yes Yes Yes Yes Yes Yes 07-99-000-000 Yes Other acts in violation of the law related to the domestic trade in wildlife Yes Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) OFFENCES RELATED TO THE FOREIGN TRADE IN WILDLIFE Importing, exporting or re-exporting wildlife 50,000 to 200,000 Birr 08-01-001-000 Yes subject to a national ban (e.g. rhino, pangolin, etc) Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes Yes Yes 08-00-000-000 08-02-000-000 08-02-001-000 08-02-001-001 08-02-001-002 08-02-001-003 Yes Importing, exporting or reexporting wildlife without authorization Yes Yes 10,000 - 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K300K Birrs (USD 6,000 to 9,000) ---50,000 to 200,000 (Customs Proclamation) 10,000 to 50,000 Birr Importing, exporting or re-exporting prote Importing, exporting or reYes exporting wildlife without CITES permit Importing, exporting or reexporting wildlife Yes using a false, forged or altered CITES permit Importing, exporting or reexporting wildlife Yes in violation of an approved CITES permit 5-10Y 3-5Years. If protected species, between 5 and 15 Years (Wildlife Proclamation) --- 510Y (Customs Proclamation) Yes Yes (Condi tions 147.3) Yes Yes Yes (condit ions Art. 157 3) Yes Yes Yes Yes 08-02-003-000 08-02-004-000 08-02-005-000 08-04-000-000 08-04-002-000 08-04-002-001 08-04-002-002 08-04-003-000 08-04-003-002 Yes Importing, exporting or re-exporting wildlife without health certificates Importing potentially invasive wildlife without authorization Importing genetically Yes modified wildlife without authorization Partial Importing, exporting or re-exporting wildlife in breach of customs procedures Yes Importing, exporting or re-exporting wildlife avoiding customs control (smuggling) Importing, exporting or re50,000 to 100,000 Birr 5-10 Years Yes exporting hidden or concealed wildlife Importing, exporting or reexporting wildlife 50,000 to 200,000 Birr 5-10 Years Yes packaged to deceive customs officers Importing, exporting or re-exporting wildlife 5,000 to 20,000 Birr without following customs clearance procedures Importing, exporting or reexporting wildlife Yes by evading a point of animal health inspection Yes Yes Yes Yes Yes (Condi tions 147.3) Yes Yes Yes (Condi tions 147.3) Yes Yes Yes 08-04-003-003 Yes 08-04-003-007 Yes 08-04-003-009 Yes 08-04-003-010 Yes 09-00-000-000 09-02-000-000 09-03-003-000 Importing, exporting or reexporting wildlife carrying contagious diseases without reporting to quarantine authorities Exporting wildlife breaking mandatory quarantine requirements Unloading imported wildlife in a customs area outside of the authorized place Breaking or removing seals, marks or stamps affixed by customs officers without permission 50,000 to 200,000 Birr 5-10 Years (10-15Y if using force or organized crime) 7,000 to 15,000 Birr Yes Yes Yes Yes Yes Yes Yes Yes OFFENCES RELATED TO THE POSSESSION OF WILDLIFE Yes Possessing wildlife without authorization Yes Possessing wildlife illegally imported Yes Between 10,000 and 100,000 Birr (USD 300 to 3,000). If protected species, fine is between 200K-300K Birrs (USD 6,000 to 9,000) Between 3 and 5 Years. If protected species, between 5 and 15 Years Yes 50,000 to 100,000 Birr 3-5 Years (10-15Y if using force or organized crime) Yes Yes Yes Yes 10-00-000-000 10-02-000-000 OFFENCES RELATED TO THE BREEDING OF WILDLIFE Yes 10-02-001-000 10-02-002-000 11-00-000-000 11-01-000-000 12-02-000-000 Yes Up to 10,000 Birr (USD 300) Between 3 and 12 months Yes Yes Yes Yes Breeding wildlife without registration Yes Up to 10,000 Birr (USD 300) Between 3 and 12 months Yes Yes Yes Yes Breeding wildlife specimen without documentation to proof their legal origin Yes Up to 10,000 Birr (USD 300) Between 3 and 12 months Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes OFFENCES RELATED TO EXHIBITING WILDLIFE Yes Exhibiting wildlife Yes 11-01-001-000 12-00-000-000 Breeding wildlife without authorization Organizing fights involving Yes Up to 10,000 Birr (USD 300) Yes Up to 10,000 Birr (USD 300) OFFENCES RELATED TO SCIENTIFIC RESEARCH USING WILDLIFE Yes Conducting scientific research on w Yes 13-00-000-000 OFFENCES RELATED TO OTHER USES OF WILDLIFE 13-03-000-000 Partial Using wildlife of illegal origin 13-03-001-000 14-00-000-000 14-03-006-000 15-00-000-000 15-01-000-000 15-01-001-000 Between 3 and 12 months Between 3 and 12 months Yes Using wildlife illegally hunted in the country Up to 10,000 Birr (USD 300) Between 3 and 12 months 10,000-20,000 Birr (USD 300Up to 12 months 700) Yes Yes Yes Yes Yes OFFENCES RELATED TO ANIMAL HEALTH AND WELFARE Yes Failure to report infected w OFFENCES RELATED TO FORGERY OF WILDLIFE DOCUMENTS Falsifying elements on wildlife-related public and private transactions Yes Falsifying public documents (e.g. hunting permit, breeding permit, etc) 5,000 -10,000 Birr (Custom Code) 5-10Y (Custom Code) - Up to 5Y (3-10 if grave harm) (Criminal Code) 15-01-002-000 Yes 15-01-004-000 Yes 15-01-004-001 15-01-004-002 15-02-000-000 Falsifying private documents (e.g. invoices, breeding log, etc.) Falsifying official identification elements Falsification of official uniforms, 5,000 -10,000 Birr (Custom Yes Code) insignia or badges Falsification of 5,000 -10,000 Birr (Custom Yes official marks, Code) seals and stamps Partial Using forged elements on wildlife-related public and private transactions 15-02-001-000 Yes Using forged public documents 15-02-002-000 Yes Using forged private documents 15-02-004-000 Yes 15-02-004-001 15-02-004-002 16-00-000-000 16-02-001-000 5,000 -10,000 Birr (Custom Code) 5,000 -10,000 Birr (Custom Code) 5,000 -10,000 Birr (Custom Code) Using forged official identification elements Using of forged official uniforms, 5,000 -10,000 Birr (Custom Yes Code) insignia or badges Using of forged 5,000 -10,000 Birr (Custom Yes official marks, Code) seals and stamps 5-10Y (Custom Code) - Up to 5Y (3-10 if grave harm) (Criminal Code) Yes Yes 3-5Y Yes Yes 5-10Y (Custom Code) - 3m -5Y (Criminal Code) Yes Yes 5-10Y (Custom Code) - Up to 5Y (3-10 if grave harm) (Criminal Code) 5-10Y (Custom Code) - Up to 5Y (3-10 if grave harm) (Criminal Code) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 3-5Y (Custom Code) Yes Yes Yes Yes Yes 5-10Y (Custom Code) - 3m -5Y (Criminal Code) Yes Yes Yes Yes Yes Up to 1 Y Yes Yes Yes Yes Yes OFFENCES RELATED TO THE OBSTRUCTION OF JUSTICE IN WILDLIFE CRIMES Yes Refusing to answer a question of an enforcement officer Up t 1,000 Birr 16-02-002-000 Yes Providing false Yes information to a customs officer 16-02-003-002 16-02-004-000 Refusing to provide documentation at the request of an inspector or enforcement officer Refusing to allow lawful Partial search of an inspector or enforcement officer 16-02-004-001 Refusing to allow search within Yes customs area by enforcement officer 16-02-006-000 Assaulting verbally, morally or physically an officer or inspection authority in the exercise of their functions Yes Up t 1,000 Birr Up to 1 Y Yes Yes Yes Yes Yes 5,000 -10,000 Birr 6-12 months (up to 5 Years if using force or organized group) Yes Yes Up t 1,000 Birr Up to 1 Y Yes Yes 5,000 -10,000 Birr 6-12 months (up to 5 Years if using force or organized group) Yes Yes Up t 1,000 Birr Up to 1 Y Yes Yes