New CITES Trade Rules Come Into Effect as 2017 Starts - CITES
Geneva, 2 January 2017 – If you are crossing today a customs check point at the airport or an international port be aware that new trade regulations for over 500 species of animals and plants are just entering into force. They were adopted 90 days ago in Johannesburg, South Africa at the 17th meeting of the Conference of the Parties to CITES (CoP17). As the New Year starts, the 183 Parties to CITES (182 countries plus the European Union) - the international treaty that regulates global trade in wildlife - will harmoniously apply these controls to their citizens and businesses with the aim of protecting our irreplaceable wild fauna and flora.
CITES Secretary-General, John E. Scanlon said “CITES CoP17 was a game changer for the world’s wildlife, with international trade in 500 more species brought under CITES controls, including high value marine and timber species. CITES also adopted a vast array of bold and powerful decisions addressing critical areas of work, such as curbing corruption and cyber-crime, and developing well-targeted strategies to reduce demand for illegal wildlife. These far-reaching outcomes of CoP17 will impact on wildlife and ecosystems, as well as on people and economies. We are all now focused on the implementation of these decisions for which we need equally bold concrete actions.
The amended list of protected species, called Appendices, is legally binding and will now be built into the national laws and practices of governments around the world to give them the required legal force. In the meantime, the nearly 400 resolutions and decisions adopted at CoP17, a number of which have ground-breaking potential, are to be implemented on the front line from today.
CITES Parties adopted 51 proposals to change the listing status of over 500 species of wild animals and plants under CITES Appendices, 39 resolutions (revised or new) and 351 decisions. Ensuring legal, sustainable and traceable trade in CITES-listed species is essential for their long-term conservation.
New species listings
Here are the highlights of some of the new species listings:
High value marine species
Continuing a trend from the previous CoP, Parties at CoP17 resorted to CITES for a higher level protection of additional marine species of high commercial value, most notably through the inclusion of the silky shark, all thresher sharks and all devil rays in CITES Appendix II. This will mean that future trade in these species can only happen subject to science-backed evidence that the trade will not be detrimental to the survival of the species in the wild. The entry into force of the new listings will be delayed for 12 months for the shark species and 6 months for the devil rays, namely to 4 October 2017and 4 April 2017respectively.
Timber species
The success of CITES in supporting legal, sustainable timber trade and addressing illegal trade saw a further 300+ timber species, i.e. all Dalbergia rosewood and palisander species found across the world, being brought under CITES trade controls at CITES CoP17.
Legal international trade in timber is worth hundreds of billions of dollars every year. Thanks to CITES trade regulations, CITES Management Authorities establish the veracity of the legal origins of rosewood and palisander species before they enter international trade, and CITES Scientific Authorities advise on the sustainable nature of the harvest and exports. Customs officials at border crossings across the globe will verify CITES permits for all such international shipments.
Pangolins
CITES CoP17 put pangolins, the previously almost unknown ant-eating species found in Africa and Asia, under the international spotlight. They are now widely recognized as one of the most poached and trafficked mammals in the world. The world’s governments decided at CoP17 to offer pangolins the highest level of protection under CITES through an Appendix I listing which prohibits all commercial international trade of wild taken specimens. The Appendix-I listing will also serve as incentive for the world’s governments to step up law enforcement and demand reduction efforts to better protect the species.
New species that did not make headlines
Some lesser known but equally important species are brought under CITES trade regulations from today. These include the nautilus, the Grandidier’s baobab tree, and many amphibians and reptiles, such as alligator lizards, the psychedelic rock gecko, the Chinese crocodile lizard, the Titicaca water frog, and the tomato frog – species often seen in the pet trade, and that need controls to ensure sustainability and legality.
Downlisting of species
In recognition of their improved conservation status, the Cape mountain zebra, several species of crocodiles and the wood bison are now downlisted from Appendix I under CITES to Appendix II, which allows commercial trade to take place. This is a recognition of the success in the protection and restoration of these species. A species is moved to a lower level of protection when Parties are satisfied by the scientific analysis that the population of the species is healthy and regulated trade will not be detrimental to their survival in the wild. That is why the downlisting of a species in CITES is seen as a conservation success.
Reservations
The Convention allows any Party to enter a reservation with respect to the amendment to the Appendices within 90 days. Any Party that entered such a reservation would then “be treated as a State not a Party” to the Convention with respect to trade in specimens of the species concerned. The deadline for entering reservations on the new listings adopted at CoP17 ended today. Although the full picture is not yet clear, India has entered a reservations concerning the inclusion of all rosewood and palisanders (Dalbergia spp.) in Appendix II and Indonesia has done the same, but only until 4 July 2017. The Democratic Republic of the Congo has entered a reservation concerning the inclusion of the African grey parrot (Psittacus erithacus) in Appendix I.
New Resolutions and Decisions
Also coming into force today are the many Resolutions and Decisions adopted at CoP17, including:
- Resolution on corruption and wildlife crime;
- Resolution on trophy hunting;
- Resolution on strategies to reduce the demand for illegally traded wildlife;
- Resolutions on the helmeted hornbill and snakes;
- Decisions on a large number of important species such as great apes, snakes, queen conch, eels, precious corrals, sharks, saiga antelope, Asian elephants, lions, leopards, cheetahs, and many more;
- Decisions on cybercrime and wildlife crime;
- Decisions on verifying legal acquisition of specimens;
- Resolution and decisions on youth engagement in CITES; and
- Decisions on rural communities engagement, providing a greater voice for local people in managing wildlife.
Improved and new compliance mechanisms represent another major success of CoP17 in support of sustainability (renewed Review of Significant Trade process), legality (new National Ivory Action Plans and advancing the National Legislation Project) and traceability (verification of captive bred and ranched animals in trade).
China’s Decision to Halt the Ivory Trade Is a Game-Changer - U.S. Fish & Wildlife
In a blog on the Huffington Post, Service Director Dan Ashe praises and thanks China for its “bold and consequential step” forward in pledging to end the commercial sale and processing of ivory and ivory products by the end of the year. While elephants remain in jeopardy, China’s move will cut demand, which has been shown to be a major factor driving the illegal slaughter of elephants. The United States closed its ivory market last year.
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TTB Makes Changes Relating to Certain Bond Requirements and Tax Return Filing Periods for Alcohol Excise Taxpayers and Applicants for Permits and Brewers' Notices - TTB.gov
TTB Makes Changes Relating to Certain Bond Requirements and Tax Return Filing Periods for Alcohol Excise Taxpayers and Applicants for Permits and Brewers' Notices
On January 4, 2017, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published in the Federal Register a temporary rule, T.D. TTB–146, that amended its regulations related to alcohol excise taxes. The temporary rule implements changes to the Internal Revenue Code of 1986 (IRC) made by the Protecting Americans from Tax Hikes Act of 2015 (PATH Act). The amendments implement a new annual return period for taxpayers paying taxes imposed with respect to distilled spirits, wines, and beer who reasonably expect to be liable for not more than $1,000 in such taxes imposed for the calendar year and who were liable for not more than $1,000 in such taxes in the preceding calendar year.
To implement the PATH Act, the temporary rule also amends the regulations to remove bond requirements for taxpayers who reasonably expect to be liable for not more than $50,000 in taxes imposed on distilled spirits, wine, and beer for the calendar year, who were liable for not more than $50,000 in such taxes in the preceding calendar year, and who pay taxes on a semi-monthly, quarterly, or annual basis. Such taxpayers are exempt from bond requirements with respect to distilled spirits and wine only to the extent those products are for nonindustrial use.
The PATH Act changes applied beginning January 1, 2017. The temporary rule is effective upon publication.
TTB is soliciting comments on the changes in the temporary rule through a notice of proposed rulemaking, Notice No. 167, that was also published on January 4, 2017. At the Regulations.gov website, within Docket No. TTB–2016–0013, you may view copies of T.D. TTB–146 and Notice No. 167 and any comments about the proposal. You may also submit comments online about the proposal through Regulations.gov, or through alternate means outlined in Notice No. 167.
Comments on Notice No. 167 must be received by March 6, 2017.
As previously announced, to help alcohol excise taxpayers and applicants for permits and brewers' notices understand these changes and how TTB is implementing them, TTB issued an Industry Circular on December 30, 2016. Industry Circular 2016–2 provides an overview of the changes, describes how new applicants for permits and brewers’ notices and existing proprietors can communicate their eligibility for the bond exemption, and describes the use of the annual return period.
CBP seizes $1.1 Million in Counterfeit Electronics in Joint Operation with Hong Kong Customs - U.S. Customs & Border Protection
WASHINGTON - A joint U.S. Customs and Border Protection (CBP) and the Customs and Excise Department of the Government of the Hong Kong Special Administrative Region (Hong Kong Customs) intellectual property rights (IPR) enforcement operation resulted in the seizure of 140 shipments containing counterfeit consumer electronic goods, such as cell phones, adaptors, speakers and headsets. The seized merchandise would have had an estimated manufacturer’s suggested retail price of $1.1 million if genuine.
“Counterfeiting is often viewed as a victimless crime, but it damages the economy and can potentially threaten the health and safety of consumers,” said Brenda Smith, Executive Assistant Commissioner for the Office of Trade. “Operations like this keep those goods out of the American supply chain—protecting our economy and consumers.”
The operation, conducted in November, was led by CBP’s Mobile Intellectual Property Enforcement Team, a special task force comprised of top IPR enforcement experts from a range of offices within the agency. CBP and Hong Kong Customs focused on stopping shipments of IPR-infringing electronic goods from entering U.S. commerce—with CBP making seizures at the U.S. border and Hong Kong Customs interdicting exports of counterfeit goods destined for the United States.
“This is the third bilateral or multilateral joint operation CBP has conducted with Hong Kong Customs this year,” said Michael Walsh, CBP IPR and E-Commerce Division Director. “We look to build upon our cooperation on IPR enforcement in 2017 and identify new opportunities to address areas of common concern involving the rise of e-commerce and its effect on small businesses.”
IPR is a priority trade issue for CBP. This joint operation is an example of how CBP works with international partners to accomplish a common goal of deterring and disrupting illegal trade in IPR-infringing products.
Counterfeits are often made of inferior materials, manufactured under uncontrolled and unsanitary conditions and labeled with false information. As a result, they can threaten the health and safety of the people who buy them.
Toshiba Expands Recall of Laptop Computer Battery Packs Due to Burn and Fire Hazards - U.S. Consumer Product Safety Commission
Units: About 83,000 (91,000 units were previously recalled on March 30, 2016). In addition, 10,000 were sold in Canada and 5,000 in Mexico.
Description: This expanded recall involves Panasonic lithium-ion battery packs installed in 41 models of Toshiba Satellite laptops, including the Satellite models affected by the March 2016 recall. Toshiba has expanded the number of battery packs to include those sold between June 2011 and November 2016. The battery packs also were sold separately and installed by Toshiba as part of a repair. Battery packs included in this recall have part numbers that begin with G71C (G71C*******). Part numbers are printed on the battery pack. A complete list of battery pack part numbers included in this recall can be found on the firm’s website at http://go.toshiba.com/battery.
Incidents/Injuries: The firm has received five reports of the battery pack overheating and melting, including one additional report since the first recall announcement. No injuries have been reported.
Remedy: Consumers should immediately go to the firm’s website and click on the battery pack utility link in the first shadowed box on the page. Consumers also can perform a manual check using the laptop and battery pack’s model, part and serial numbers. If it is part of the recall, consumers should power off the laptop, remove the battery and follow the instructions to obtain a free replacement battery pack. Until a replacement battery pack is received, consumers should use the laptop by plugging into AC power only.
Battery packs previously identified as not affected by the March 30, 2016 recall are included in this expanded announcement.
Sold At: Office Depot, Staples and other electronics stores nationwide, and online at Toshibadirect.com and other websites from June 2011 through November 2016 for between $500 and $1,000 for the laptop and between $70 and $130 for the battery pack.
Manufacturer(s): Panasonic, of Japan
Importer(s): Toshiba America Information Systems Inc., of Irvine, Calif.
Manufactured In: China
USDA Announces Retailer Volunteers for SNAP Online Purchasing Pilot - U.S. Department of Agriculture
WASHINGTON, Jan. 5, 2017 - The U.S. Department of Agriculture (USDA) today announced the seven retail firms selected to take part in a pilot designed to enable Supplemental Nutrition Assistance Program (SNAP) participants to purchase their groceries online. The two-year pilot is slated to begin this summer.
"Online purchasing is a potential lifeline for SNAP participants living in urban neighborhoods and rural communities where access to healthy food choices can be limited," USDA Secretary Tom Vilsack said. "We're looking forward to being able to bring the benefits of the online market to low-income Americans participating in SNAP."
Firms selected include:
Retailers - Pilot States*
Amazon - Maryland, New Jersey, New York
FreshDirect - New York
Safeway - Maryland, Oregon, Washington,
ShopRite - Maryland, New Jersey, Pennsylvania
Hy-Vee, Inc. - Iowa
Hart's Local Grocers - New York (based in Rochester)
Dash's Market - New York (based in Buffalo)
The firms selected represent a variety of store types, including national online retailers as well as large grocery chains and smaller, regional networks to appropriately test online SNAP purchasing in different settings. Pilots will take place in seven states in both rural and urban areas, marking the next critical step in bringing the online purchasing option to SNAP clients.
While USDA has authorized SNAP online grocery ordering in a few locations, this pilot will test both online ordering and payment. Online payment presents technical and security challenges that will need to be examined and fully addressed before it is offered nationwide. As with the core program, SNAP participants will only be able to use their benefits to purchase eligible items online – not to pay for service or delivery charges. USDA is committed to maintaining the security of SNAP benefits for both the protection of SNAP participant accounts and to prevent and detect trafficking, so SNAP online purchases must have a higher level of security than most other online purchases.
As the pilot proceeds and USDA confirms the system is operating as required, we anticipate being able to add additional retailers. Eventually, our goal is for this to be a national option for SNAP participants, once the pilot phase is complete and USDA can incorporate lessons learned into program rules.
USDA has taken many steps in the last several years to strengthen SNAP and increase access to healthy foods. Recently, USDA announced a purchase and delivery pilot, which is designed for non-profits and government entities to improve access to groceries solely for homebound elderly and disabled SNAP participants. USDA also provided funding to incentivize participants in SNAP to purchase more healthy fruits and vegetables through the Food Insecurity Nutrition Incentive Program, increased farmers market participation in SNAP to improve access to fresh and nutritious food, and announced final changes to increase access to healthy food choices for SNAP participants by requiring authorized retail establishments to offer a larger inventory and variety of healthy food options.
As the nation's first line of defense against hunger, SNAP helps put food on the table for millions of low income families and individuals every month and has never been more critical to the fight against hunger. SNAP is a vital supplement to the monthly food budget of more than 43 million low-income individuals. Nearly half of SNAP participants are children, 10 percent are over 60 and more than 40 percent of recipients live in households with earnings.
* Retailers with multiple States listed may opt to phase in Pilot operations state-by-state over time.