UK Statutory Instrument 2018 United Kingdom

The Control of Trade in Endangered Species Regulations 2018

What this means for your business

4 obligations
3 penalties
2 can imprison
1 guides
Enforced by
APHA
Applies to
United Kingdom
On this page
4 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

4 compliance obligations under this legislation — 2 can result in imprisonment.

Offences and prohibitions 2

Engage in commercial trade of an endangered‑species specimen

2 years imprisonment

If you purchase, offer to purchase, acquire, use, display, sell, keep for sale, offer for sale or transport a specimen of a species listed in Annex A for commercial gain, you breach the Regulations. On conviction you face up to three months’ imprisonment and/or an unlimited fine on summary conviction, or up to two years’ imprisonment and/or an unlimited fine on indictment.

Any Person Schedule 1 APHA

Officer liable for corporate wildlife trade offence

5 years imprisonment

If your company commits an offence under the Control of Trade in Endangered Species Regulations and a director, manager or other officer has consented to or turned a blind eye to it, that officer is also guilty of the same offence. The officer can be prosecuted and punished just like the company itself.

Director/Officer s.11 APHA

Record keeping 2

Include certificate reference number in adverts for Annex A specimens

Fine up to £1,000,000

If you sell a species that is listed in Annex A and you have a trade certificate for it, you must put the certificate's reference number on every advertisement you use to market the specimen. Failing to do so is a criminal offence and can attract a hefty fine.

Trader/Business s.6 APHA When advertising the sale of an Annex A specimen that you are …

Provide proof of lawful import or export of endangered species

If your business imports, exports or holds a specimen of a protected species, you must be able to show customs officials that the trade is allowed under the Regulations. Until you produce satisfactory proof, the specimen can be detained for up to 30 days and then may be seized. Keep all relevant permits, licences and certificates handy and hand them over when asked.

Trader/Business s.7 APHA When you possess, control or handle a specimen that is being imported, …

Penalties for non-compliance

3 penalties under this legislation. 2 can result in imprisonment. 2 carry an unlimited fine.

Significant fine

Include certificate reference number in adverts for Annex A specimens

Fine up to £1,000,000

Either way s.6 Penalises: Include certificate reference number in adverts for Annex …
Prison risk

Engage in commercial trade of an endangered‑species specimen

Unlimited fine and/or 2 years imprisonment

Either way Schedule 1 Penalises: Engage in commercial trade of an endangered‑species specimen
Prison risk

Officer liable for corporate wildlife trade offence

Unlimited fine and/or 5 years imprisonment

Either way s.11 Penalises: Officer liable for corporate wildlife trade offence

Practical guidance

Our guides explain how to comply with the requirements above.

Import licences for controlled goods

How to get import licences for controlled goods including endangered species, controlled drugs, firearms, nuclear materials, and sanctioned goods. Covers …

Sections and provisions

15 classified provisions from this legislation.

3 Duties 4 Offences and penalties 4 Powers 2 Definitions

Duties 3

  • s.6 Advertising sale of Annex A specimens
  • s.7 Proof of lawful import or export
  • s.10 Forfeiture and banning orders that the offender

Offences and penalties 4

  • Schedule 1 Offences and penalties
  • s.3 Offences, penalties and civil sanctions
  • s.4 Liability for offences relating to Article 8 of the Principal Regulation
  • s.11 Offences by corporations etc.

Powers 4

  • s.8 Powers of entry
  • s.9 Powers of seizure
  • s.12 Management authority and scientific authority
  • s.13 Ports of entry and exit

Definitions 2

  • Schedule 2 Civil sanctions relevant regulation completion certificate compliance notice
  • s.5 Split-listed specimens split-listed specimen