Under CITES, Parties must designate national authorities, rather than “focal points.” In particular, Parties must designate a management authority and a scientific authority. The specific functions of the management and scientific authorities are spelled out in three documents:
- Role and Functions of the CITES Scientific Authorities
- Designation and Role of the Scientific Authorities, Resolution Conf. 10.3, available here
- Article 8 of the CITES Model Law on International Trade in Wild Fauna and Flora (spelling out the responsibilities of the CITES Management Authority)
The National Legislation Project established by the CITES Conference of the Parties in 1992 looks at the legislative designation of both a Management Authority and a Scientific Authority responsible for the implementation of CITES (in accordance with Article IX, paragraph 1 of the Convention). This is different from the simple administrative decision communicated by the Parties when they deposit their instruments of ratification, acceptance, approval or accession in pursuance of Article IX, paragraph 2.
This analysis considers the legal instrument (law, regulation, and/or decree) that authorises designation of both CITES authorities or expressly designates those authorities. For example, the legislation of some Parties makes no provision for the designation of a Scientific Authority, but this is done instead through subsidiary legislation. The analysis further considers whether legislation clearly and precisely gives the CITES authorities the necessary powers to carry out their responsibilities (e.g., power to grant permits and certificates, power to establish export quotas, etc.), separates the functions of each authority, and provides mechanisms for coordination and communication between these bodies, as well as with other government agencies with relevant competence (e.g., Customs, police, ministry responsible for foreign trade, etc.).
For more information, see http://www.cites.org/ or contact cites@unep.ch