I. CITES and its Appendices

1. When did CITES and its local legislation come into force?

A: The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was signed at Washington on 3 March 1973. The current local legislation is Law No. 2/2017 - Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, effective from 1 September 2017.

The text of CITES was published through Chief Executive’s Notice No. 78/2016 in the Supplement to Series II of Official Gazette of the Macao Special Administrative Region No. 47 of 23 November 2016. The latest amendments to its Appendices were published through Chief Executive’s Notice No. 3/2024 in Series II of Official Gazette of the Macao Special Administrative Region No.3 of 17 January 2024.

2. CITES has entered into force in the Macao SAR, why is it still necessary to enact local legislation?

A: The CITES provisions provide the framework and principles for the protection of endangered wild animals and plants and its Article VIII requires all Parties to take appropriate measures to enforce the provisions of the present CITES and to prohibit trade in specimens in violation thereof. Also, the 14th Conference of the Parties (2007) defined an objective stating that “Parties comply with their obligations under the Convention through appropriate policies, legislation and procedures” for this purpose.

Therefore, it is still necessary for the Macao SAR to enact local legislation in order to formulate laws and regulations that fulfil the needs of the Macao SAR and serve as a ground for compliance and enforcement. Macao enacted Decree-Law No. 45/86/M - Regulation on the Application of the Convention on International Trade in Endangered Species of Wild Fauna and Flora in 1986. The current local legislation is Law No. 2/2017 - Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, effective from 1 September 2017.

3. How does the CITES Secretariat work?

A: Every 2 to 3 years, the Parties to CITES convene a Conference of the Parties (CoP) to discuss and review issues of concern and revisions to the Appendices to CITES. The Secretariat will propose drafts of resolutions and decisions at the CoPs in order to implement CITES more effectively and facilitate each Party to fulfil the obligations of CITES, and notify each Party of the adopted resolutions and decisions, as well as the revisions to the Appendices to CITES; each Party is required to submit a report on its trade in endangered species to the Secretariat annually.

4. What are the Appendices to CITES?

A: CITES classifies endangered species of wild animals and plants into three Appendices according to the extent to which they are threatened by trade in their specimens:

Appendix I contains species threatened with extinction which are affected by trade. Therefore, the specimens of species included in this Appendix, including 1,145 species such as rhinoceros, elephants, pandas and tigers, are not allowed to be traded for commercial purposes, and may only be used for the purpose of scientific research, education, law enforcement or species identification.

Appendix II contains species which may become threatened with extinction unless trade in specimens of such species is subject to strict regulation, including 39,246 species, such as crocodiles, agarwood, snakes, orchids and American ginseng, etc., of which the products account for most of the international trade.

The species contained in Appendix III are species in which trade is considered by a particular Party or region as necessary for being subject to regulation, including 529 species such as lodoicea maldivica (sea coconut) from Seychelles, walrus from Canada, and short-tailed mongoose from India, etc.

In addition, species may be added to or removed from the Appendices to CITES according to their level of threat of extinction, and the revised Appendices will also be applied in the Macao SAR upon its publication in the Official Gazette of the Macao SAR.

5. Will there be changes to the species listed in the Appendices?

A: Yes. Articles XV and XVI of CITES have laid down the regulations on amending Appendices I, II and on amending Appendix III respectively. Any Party may propose amendments regarding the inclusion or deletion of species in or from Appendices I and II at the CoP convened every 2-3 years. The amendments shall be adopted by a two-thirds majority of Parties present and voting, and shall enter into force 90 days after that meeting; with respect to amendments to Appendix III, any Party may at any time submit to the Secretariat a list of species which it identifies as being subject to regulation within its jurisdiction. The list shall take effect 90 days after the date of the communication was made to the Parties by the Secretariat.

6. How do I know the species included in the Appendices to CITES?

A: The Appendices to CITES currently applicable in the Macao SAR are published through Chief Executive’s Decision No. 3/2024 in Series II of Official Gazette of the Macao Special Administrative Region No.3 of 17 January 2024.

The most recently amended Appendices to CITES are also available on the CITES official website.

7. Are the species included in the Appendices to CITES commonly seen? Are they related to the daily life of citizens?

A: CITES classifies endangered species of wild animals and plants into three Appendices according to the extent to which they are threatened by trade in their specimens, including a total of more than 40,900 species. The scope of regulation covers species regardless of live or dead, parts or derivatives thereof.

Appendix I contains species threatened with extinction which are affected by trade in specimens of species, thus the trade in such species has to be strictly regulated in order to prevent their extinction. Common examples are ivory and its products, pandas and tigers, of which the trade for commercial purposes has been completely prohibited.

The endangered species that are most commonly found in the daily life of citizens are some of those included in Appendix II, such as orchids, nepenthe, sago palm, American ginseng, etc. Citizens should note that certificates and licences are required for import and export of those species into or from Macao, especially when entering Macao after travel, it is highly recommended to find out in advance whether the shopped items, including souvenirs, are listed in the CITES Appendices or not. For example, paphiopedilummaudiae (Venus slipper orchid), which is subject to regulation under Appendix I, is prohibited from being imported into or exported from Macao for commercial purposes. For species included in Appendix II such as dancing-lady orchid, etc., their importation into or exportation from Macao requires certificates and licences.

The species contained in Appendix III are species in which trade is considered by a particular Party or region as necessary for being subject to regulation. Only the species originating from the jurisdiction of that particular Party are subject to prior declaration. The most common example is lodoicea maldivica (sea coconut) from Seychelles.

II. Local Legislation: Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora

8. What are the major changes in the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora in comparison with the expired Decree-Law No. 45/86/M ?

A: The entry into force of the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora annuls Decree-Law No. 45/86/M – Regulation on the application of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Macao. The major changes in this revision are as follows:

(1) Designating the Municipal Affairs Bureau (IAM) as the scientific authority and defining its competence

Paragraph 1(b) of Article IX of CITES requires each Party to designate a management authority and a scientific authority. For this purpose, the Enforcement Law designates the IAM as the scientific authority of the Macao SAR and defines its competence, which is to provide opinions on matters such as identification of the specific endangered species being imported/exported and supervision of the facilities housing living specimens of such species, particularly in respect of the procedures for issuing licences and certificates for the trade in specimens of endangered species, as well as the transport of and housing facilities for live animal specimens.

(2) Addition of compulsory registration regime

Importers and exporters, captive breeders and nurserymen, taxidermists and scientific institutions related to the Appendices to CITES must register at the Economic and Technological Development Bureau (DSEDT), the management authority. Upon approval, captive breeders and nurserymen can carry out captive breeding and nursing of specimens of species listed in Appendices II and III to CITES.

(3) Considering all breaches of law in relation to Appendix I species as minor contraventions

Considering that Appendix I includes species threatened with extinction which are or may be affected by trade in specimens of species, the Enforcement Law changes the nature of the breaches in relation to Appendix I species from administrative infractions to minor contraventions. To further deter violations of the law, the amounts of penalties will be increased from originally 500 to 5,000 patacas to 200,000 to 500,000 patacas, with the specimens in relation to the violations appropriated to the Macao SAR, so as to strengthen the deterrence and adhere to the objective of strengthening the protection of endangered species (especially Appendix I species).

(4) Adjusting the penalties for administrative infractions

Apart from increasing the amounts of penalties for violations in relation to endangered species with various levels of threat of extinction (i.e. Appendices II and III to CITES) and other activities violating the requirements of CITES, the law also imposes additional penalties for violations in relation to specimens of species, such as seizure.

9. What are the amounts of penalties stipulated in the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora?

A: To effectively deter illegal activities in relation to species listed in the Appendices to CITES, this revision has made adjustments to the amounts of penalties for violations in relation to endangered species with various levels of threat of extinction (i.e. Appendices I, II and III to CITES) and other activities violating the requirements of CITES, especially for carrying out external trade in specimens of species listed in the CITES Appendices without certificates, the maximum amount of penalty is 500,000 patacas.

Appendix I: Increased from 500-5,000 patacas to 200,000-500,000 patacas

Appendix II: Increased from 250-2,500 patacas to 5,000-100,000 patacas

Appendix III: Increased from 250-2,500 patacas to 3,000-50,000 patacas

10. What is the role of management authority and of scientific authority?

A: CITES requires each Party to designate a management authority and a scientific authority. The DSEDT is the management authority of the Macao SAR, which, in accordance with the standards and procedures specified by CITES and the relevant local legislation, is responsible for issuing CITES certificates and licences for external trade in specimens of species listed in the Appendices and their products, preparing periodic reports as required by CITES, communicating in a timely manner with the CITES Secretariat and other Parties, attending CoPs as a member of the Chinese delegation, and preparing proposals to be submitted to CoP meetings or referred to the CITES Secretariat, etc.

The IAM is the scientific authority of the Macao SAR, which is responsible for providing opinions to the management authority in respect of the transport of live specimens and their housing facilities and preparation of amendment proposals to Appendices I and II to CITES, and is also responsible for the identification of specimens of species listed in the Appendices to CITES and assisting in the safekeeping of detained live specimens, as well as ensuring that external trade in specimens of species listed in the Appendices to CITES will not be detrimental to the survival of those species.

11. What is the difference in definition between “scientific authority” and “scientific institution”?

A: According to Article 25 of the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the IAM is the “scientific authority” of the Macao SAR, and “scientific institutions”, as defined in Article 2, refer to research centres, laboratories, museums, educational establishments or other entities that possess or hold specimens of species included in the Appendices to CITES for scientific or educational purposes. Laboratories under academic institutions are “scientific institutions” instead of “scientific authorities”.

12. What are the requirements of the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora for personal carrying of species?

A: Pursuant to the exemptions granted by CITES on trade in specimens that are personal or household effects, Article 17 of the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora specifies the circumstances under which import, export or re-export of specimens that are household or personal items, or tourist souvenirs are exempted from certificates and licences.

However, all species (e.g. ivory) and living animals and plants (e.g. turtles and orchids) under Appendix I are not allowed to be carried personally, and specimens of species under Appendices II and III included in personal baggage may be exempted from import permits on the grounds of personal use, but for certain species, there are limits on exemption for personal use:

13. While sharing the same purpose of protecting animals, what are the differences between the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Animal Protection Law?

A: Although both the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Animal Protection Law bear the same sense of protecting animals, their underlying spirits and objectives are different.

The Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora is a local legislation formulated for fulfilling the Macao SAR’s obligation under CITES. It regulates trade in specimens of species listed in the Appendices to CITES in order to strengthen the protection of endangered wild animals and plants, so as to achieve the goal of sustainable development. CITES classifies various animal and plant species into three Appendices according to their level of threat of extinction, with the species listed in Appendix I being the most endangered among all others and their commercial trade is prohibited. The Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora also specifies the conditions that must be complied with when conducting trade in species listed in the Appendices to CITES, such as proper housing and transport of live specimens, the chances of survival of the species not being affected by their trade, and the documents required for application for certificates and licences.

The Animal Protection Law or Law No. 4/2016 regulates the protection of animals and the related management regimes in the Macao SAR from the perspective of maintaining public health and social orders, so as to minimize the occurrence of zoonotic diseases and resolve the social conflicts arising from animal-related issues. The Law prohibits abuse, slaughtering and abandonment of animals, and specifies the obligations that owners shall undertake.

III. Trade in endangered species and import and export documents

14. Does import of endangered species require certificates under any circumstances?

A: Yes. Species listed in Appendix I to CITES are prohibited from trade, and those listed in Appendices II and III are allowed to be imported into or exported from Macao only with certificates and licences.

However, Article 16 of the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora lists five circumstances under which certificates and licences can be exempted:

1) Specimens are delivered to offshore consignees via the Macao SAR (transit);

2) Export or re-export of specimens acquired prior to the inclusion of such species in the Appendices to CITES;

3) Herbarium specimens, museum specimens, etc. lent, donated or non-commercially exchanged for educational, scientific and exhibition purposes;

4) Specimens that are eligible as personal or household items;

5) Specimens belonging to a traveling zoo, circus, collection or exhibition.

It is the applicants’ responsibility to provide proof for verification of the abovementioned circumstances in order to obtain the exemption from certificates and licences.

15. Does import and export of species listed in the Appendices to CITES from and to the Mainland, Macao and Hong Kong require certificates?

A: Yes. For trading between the Mainland, Hong Kong and Macao, it is necessary to apply for certificates and other documents required for import and export at the CITES management authorities of the three places in advance.

16. Is it necessary to apply for import and export licences at the Macao SAR in advance for transit via the Macao SAR?

A: In the case of transit of specimens, only the relevant documents issued by the management authority of the exporting or re-exporting country (or region) are required. No prior application for licences and certificates is needed. The case of transit has been specified in Paragraph 1, Article 16 of the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

17. Having IAM as the scientific authority, is application for documents for import and export of species allowed only after the species have been identified by the IAM?

A: Not necessarily. Being the management authority of the Macao SAR, the DSEDT assesses the applications for certificates and licences by its authority. The IAM, which possesses the technical capability in species identification, will provide opinions, at the request of the DSEDT if necessary, on the import and export of species listed in the Appendices to CITES, especially in the cases when the chances of survival of the species may be affected by the housing and transport processes. This manifests the purpose and spirit of the Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and CITES, which are to protect endangered wild animals and plants.

18. What are the documents required and procedures for import and export of CITES species?

A: Importing and exporting specimens of species listed in the Appendices to CITES requires prior obtaining of certificate and licences, for which the application requires the submission of: 

	Required Documents	Appendix I*	Appendix II	Appendix III
Import	Copy of CITES certificate issued by the management authority of the exporting/re-exporting country (region)
	Certificate of Origin/export certificate issued by the management authority of the exporting country (region); or Certificate issued by the management authority of the re-exporting country (region) proving that the specimen has been processed in compliance with the laws of that country (region)
	Duly completed import licence form
Export/Re-export	Copy of CITES certificate issued by the management authority of the exporting/re-exporting country (region)
	Certificate proving the acquisition of specimen in the Macao SAR/CITES documents for customs clearance upon entry into the Macao SAR

*Allowed for import and export only under exceptional circumstances

The application procedures and required documents have been uploaded to the “Administrative Procedures” of the DSEDT website.

19. What are the procedures for enterprises or individuals to export endangered species?

A: Anyone exporting (re-exporting not included) endangered animal or plant species born or planted in Macao is required to apply for CITES certificate and export licence from the DSEDT, who will issue the certificate and licence only to those acquired legally. In addition, all animals and plants to be exported shall comply with the local legal requirements on animal and plant protection. 

If the export of live, dead, or parts of animals/plants is for commercial purpose, the application for certificate and licence shall be accompanied by:

1)    Scientific name of species (Chinese and English);

2)    Registration information of the captive breeders or nurserymen of specimens of the species to be exported at the DSEDT;

3)    In the case of animals, licence for animal breeding or sales establishment issued by the Municipal Affairs Bureau;

4)    CITES certificate for the import of the animals/plants that was used for breeding the animals/plants concerned;

5)    Other documentary proof of legal acquisition of the species concerned.

For exporting personal pets, the following information needs to be provided to the DSEDT:

1)    Scientific name of species (Chinese and English);

2)    Documents such as receipt or invoice that shows the information of the seller;

3)    CITES certificate for the import of the specimen of the species by the seller;

4)    Personal declaration of ownership of the specimen to be exported;

5)    Other documentary proof of legal acquisition. 

Please note that the commercial trade in species listed in Appendix I is prohibited and local trade is not allowed either. CITES shall be complied with even for exporting as personal pets.

20. What are the procedures for enterprises to export products manufactured from endangered species?

A: Export of products manufactured from endangered species is subject to CITES certificate and export licence issued by DSEDT. For export of products related to animal/plant specimens, enterprises shall submit the following to the DSEDT:

1)    Documents regarding acquisition of the animal/plant ingredients concerned, such as import/export declaration, invoice or receipt (that shows the seller’s information);

2)    Other documentary proof of legal acquisition of the animal/plant ingredients concerned;

3)    Proof of local production by the enterprise;

4)    CITES animal/plant ingredients used in the production (quantity of raw materials used and consumed) and their records.

21. How long is the validity of CITES certificate?

 A: CITES certificate is valid for six months from its date of issue, and the corresponding licence is valid for thirty days from its date of issue. The certificate and licence have to be valid upon the import and export of goods. Renewal at the DSEDT is required if the licence has expired. The DSEDT staff will add the information of the new licence to the corresponding certificate for the purpose of identification by customs officers.

IV. Captive breeders and nurserymen

22. What procedures are required for captive breeders and nurserymen?

 A: In general cases, species listed in Appendix I to CITES are not allowed for captive breeding and nursing, except with special permission of the CITES Secretariat.

In order to carry out captive breeding and nursing of species listed in Appendices II and III to CITES, applicants must first register as captive breeders or nurserymen at the DSEDT. Information to be provided for registration purposes includes: proof of the capability to carry out such activities; description of the activities to be carried out; specimens to be bred, etc. Captive breeding and nursing of species listed in Appendices II and III are only allowed upon successful registration, and registrants must update their information every year. At the same time, such registration is a prerequisite for issuing the certificates and licences for exporting the species from Macao.

23. Are animals and plants bred by locally registered captive breeders or nurserymen immediately eligible for legal trade?

 A: The Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora includes provisions for captive breeders and nurserymen in order to facilitate the orderly development of the industry. Registered and approved captive breeders or nurserymen are allowed to carry out captive breeding or nursing of certain species. However, the export of species is still subject to certificates and licences issued by the DSEDT.

Taking orchid nurseries as an example, CITES certificates must be obtained for imported species, and the species grown by qualified nurseries can only be exported with CITES certificates, which are not required for local sales.

V. Practical operation

24. Are products of endangered species that are personal collections still allowed to be kept?

A: The Enforcement Law of the Convention on International Trade in Endangered Species of Wild Fauna and Flora mainly regulates possession for commercial or external trade purposes. Possessing products of endangered species as personal effects will not be subject to indictment, nor will the products in possession be subject to seizure if they are family inheritances or have been possessed only for souvenir, preservation or appreciation purposes prior to the application of CITES to such specimens.