#### § 23.21 What happens if a country enters a reservation for a species?

(a) *Purpose.* CITES is not subject to general reservations. Articles XV, XVI, and XXIII of the Treaty allow a Party to enter a specific reservation on a species listed in Appendix I, II, or III, or on parts, products, or derivatives of a species listed in Appendix III.

(b) *General provision.* A Party can enter a reservation in one of the following ways:

(1) A Party must provide written notification to the Depositary Government (Switzerland) on a specific new or amended listing in the Appendices within 90 days after the CoP that adopted the listing, or at any time for Appendix-III species.

(2) A country must provide written notification on a specific species listing when the country ratifies, accepts, approves, or accedes to CITES.

(c) *Requesting the United States take a reservation.* You may submit information relevant to the issue of whether the United States should take a reservation on a species listing to the U.S. Management Authority. The request must be submitted within 30 calendar days after the last day of the CoP where a new or amended listing of a species in Appendix I or II occurs, or at any time for a species (or its parts, products, or derivatives) listed in Appendix III.

(d) *Required CITES documents.* Except as provided in [paragraph (d)(2)](/on/2024-09-20/title-50/section-23.21#p-23.21(d)(2)) of this section, Parties treat a reserving Party as if it were a non-Party for trade in the species concerned (including parts, products, and derivatives, as appropriate). The following table indicates when CITES documents must accompany a shipment and which Appendix should appear on the face of the document:

| If | Then |
| --- | --- |
| (1) The shipment is between a Party and a reserving Party, or the shipment is from a non-Party to a reserving Party and is in transit through a Party | The shipment must be accompanied by a valid CITES document(s) (see [§ 23.26](/on/2024-09-20/title-50/section-23.26)) that indicates the CITES Appendix in which the species is listed. |
| (2) The shipment is from a reserving Party to another reserving Party1 or non-Party and is in transit through a Party | The shipment must be accompanied by a valid CITES document(s) (see [§ 23.26](/on/2024-09-20/title-50/section-23.26)) that indicates the CITES Appendix in which the species is listed.2 |
| (3) The shipment is between a reserving Party and another reserving Party1 or non-Party and is not in transit through a Party | No CITES document is required.2 |
| | |
| --- | --- |
| 1 Both reserving Parties must have a reservation for the same species, and if the species is listed in Appendix III, a reservation for the same parts, products, and derivatives. | |
| 2 CITES recommends that reserving Parties treat Appendix-I species as if listed in Appendix II and issue CITES documents based on Appendix-II permit criteria (see [§ 23.36](/on/2024-09-20/title-50/section-23.36)). However, the CITES document must show the specimen as listed in Appendix I. If the United States entered a reservation, such a CITES document would be required. | |

(e) *Reservations taken by countries.* You may consult the CITES website or contact us (see [§ 23.7](/on/2024-09-20/title-50/section-23.7)) for a list of countries that have taken reservations and the species involved.