H. R. 2494 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

To support global anti-poaching efforts, strengthen the capacity of partner countries 

to counter wildlife trafficking, designate major wildlife trafficking countries, and 

for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Eliminate, 

Neutralize, and Disrupt Wildlife Trafficking Act of 2016’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—PURPOSES AND POLICY 

Sec. 101. Purposes. 

Sec. 102. Statement of United States policy. 

TITLE II—REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES 

Sec. 201. Report. 

TITLE III—FRAMEWORK FOR INTERAGENCY RESPONSE 

Sec. 301. Presidential Task Force on Wildlife Trafficking. 

TITLE IV—PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE 

TRAFFICKING CRISIS 

Sec. 401. Anti-poaching programs. 

Sec. 402. Anti-trafficking programs. 

Sec. 403. Engagement of United States diplomatic missions. 

Sec. 404. Community conservation. 

TITLE V—OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING 

PROGRAMS 

Sec. 501. Amendments to Fisherman’s Protective Act of 1967. 

Sec. 502. Wildlife trafficking violations as predicate offenses under money laundering statute. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and 

(B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 

(2) CO-CHAIRS OF THE TASK FORCE.—The term ‘‘Co-Chairs 

of the Task Force’’ means the Secretary of State, the Secretary 
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of the Interior, and the Attorney General, as established pursuant to Executive Order 13648. 

(3) COMMUNITY CONSERVATION.—The term ‘‘community conservation’’ means an approach to conservation that recognizes 

the rights of local people to manage, or benefit directly and 

indirectly from wildlife and other natural resources in a longterm biologically viable manner and includes— 

(A) devolving management and governance to local 

communities to create positive conditions for resource use 

that takes into account current and future ecological 

requirements; and 

(B) building the capacity of communities for conservation and natural resource management. 

(4) COUNTRY OF CONCERN.—The term ‘‘country of concern’’ 

refers to a foreign country specially designated by the Secretary 

of State pursuant to subsection (b) of section 201 as a major 

source of wildlife trafficking products or their derivatives, a 

major transit point of wildlife trafficking products or their 

derivatives, or a major consumer of wildlife trafficking products, 

in which the government has actively engaged in or knowingly 

profited from the trafficking of endangered or threatened species. 

(5) FOCUS COUNTRY.—The term ‘‘focus country’’ refers to 

a foreign country determined by the Secretary of State to be 

a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or 

their derivatives, or a major consumer of wildlife trafficking 

products. 

(6) DEFENSE ARTICLE; DEFENSE SERVICE; SIGNIFICANT MILITARY EQUIPMENT; TRAINING.—The terms ‘‘defense article’’, 

‘‘defense service’’, ‘‘significant military equipment’’, and 

‘‘training’’ have the meanings given such terms in section 47 

of the Arms Export Control Act (22 U.S.C. 2794). 

(7) IMPLEMENTATION PLAN.—The term ‘‘Implementation 

Plan’’ means the Implementation Plan for the National Strategy 

for Combating Wildlife Trafficking released on February 11, 

2015, a modification of that plan, or a successor plan. 

(8) NATIONAL STRATEGY.—The term ‘‘National Strategy’’ 

means the National Strategy for Combating Wildlife Trafficking 

published on February 11, 2014, a modification of that strategy, 

or a successor strategy. 

(9) NATIONAL WILDLIFE SERVICES.—The term ‘‘national 

wildlife services’’ refers to the ministries and government bodies 

designated to manage matters pertaining to wildlife management, including poaching or trafficking, in a focus country. 

(10) SECURITY FORCE.—The term ‘‘security force’’ means 

a military, law enforcement, gendarmerie, park ranger, or any 

other security force with a responsibility for protecting wildlife 

and natural habitats. 

(11) TASK FORCE.—The term ‘‘Task Force’’ means the Presidential Task Force on Wildlife Trafficking, as established by 

Executive Order 13648 (78 Fed. Reg. 40621) and modified by 

section 201. 

(12) WILDLIFE TRAFFICKING.—The term ‘‘wildlife trafficking’’ refers to the poaching or other illegal taking of protected or managed species and the illegal trade in wildlife 

and their related parts and products. 
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TITLE I—PURPOSES AND POLICY 

SEC. 101. PURPOSES. 

The purposes of this Act are— 

(1) to support a collaborative, interagency approach to 

address wildlife trafficking; 

(2) to protect and conserve the remaining populations of 

wild elephants, rhinoceroses, and other species threatened by 

poaching and the illegal wildlife trade; 

(3) to disrupt regional and global transnational organized 

criminal networks and to prevent the illegal wildlife trade 

from being used as a source of financing for criminal groups 

that undermine United States and global security interests; 

(4) to prevent wildlife poaching and trafficking from being 

a means to make a living in focus countries; 

(5) to support the efforts of, and collaborate with, individuals, communities, local organizations, and foreign governments 

to combat poaching and wildlife trafficking; 

(6) to assist focus countries in implementation of national 

wildlife anti-trafficking and poaching laws; and 

(7) to ensure that United States assistance to prevent and 

suppress illicit wildlife trafficking is carefully planned and 

coordinated, and that it is systematically and rationally 

prioritized on the basis of detailed analysis of the nature and 

severity of threats to wildlife and the willingness and ability 

of foreign partners to cooperate effectively toward these ends. 

SEC. 102. STATEMENT OF UNITED STATES POLICY. 

It is the policy of the United States— 

(1) to take immediate actions to stop the illegal global 

trade in wildlife and wildlife products and associated 

transnational organized crime; 

(2) to provide technical and other forms of assistance to 

help focus countries halt the poaching of elephants, rhinoceroses, and other imperiled species and end the illegal trade 

in wildlife and wildlife products, including by providing training 

and assistance in— 

(A) wildlife protection and management of wildlife 

populations; 

(B) anti-poaching and effective management of protected areas including community managed and privatelyowned lands; 

(C) local engagement of security forces in anti-poaching 

responsibilities, where appropriate; 

(D) wildlife trafficking investigative techniques, 

including forensic tools; 

(E) transparency and corruption issues; 

(F) management, tracking, and inventory of confiscated 

wildlife contraband; 

(G) demand reduction strategies in countries that lack 

the means and resources to conduct them; and 

(H) bilateral and multilateral agreements and cooperation; 

(3) to employ appropriate assets and resources of the United 

States Government in a coordinated manner to curtail poaching 

and disrupt and dismantle illegal wildlife trade networks and 
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the financing of those networks in a manner appropriate for 

each focus country; 

(4) to build upon the National Strategy and Implementation 

Plan to further combat wildlife trafficking in a holistic manner 

and guide the response of the United States Government to 

ensure progress in the fight against wildlife trafficking; and 

(5) to recognize the ties of wildlife trafficking to broader 

forms of transnational organized criminal activities, including 

trafficking, and where applicable, to focus on those crimes 

in a coordinated, cross-cutting manner. 

TITLE II—REPORT ON MAJOR WILDLIFE 

TRAFFICKING COUNTRIES 

SEC. 201. REPORT. 

(a) REPORT.—Not later than one year after the date of the 

enactment of this Act, and annually thereafter, the Secretary of 

State, in consultation with the Secretary of the Interior and the 

Secretary of Commerce, shall submit to Congress a report that 

lists each country determined by the Secretary of State to be a 

focus country within the meaning of this Act. 

(b) SPECIAL DESIGNATION.—In each report required under subsection (a), the Secretary of State, in consultation with the Secretary 

of the Interior and the Secretary of Commerce, shall identify each 

country of concern listed in the report the government of which 

has actively engaged in or knowingly profited from the trafficking 

of endangered or threatened species. 

(c) SUNSET.—This section shall terminate on the date that 

is 5 years after the date of the enactment of this Act. 

TITLE III—FRAMEWORK FOR 

INTERAGENCY RESPONSE 

SEC. 301. PRESIDENTIAL TASK FORCE ON WILDLIFE TRAFFICKING. 

(a) RESPONSIBILITIES.—In addition to the functions required 

by Executive Order 13648 (78 Fed. Reg. 40621), the Task Force 

shall be informed by the Secretary of State’s annual report required 

under section 201 and considering all available information, ensure 

that relevant United States Government agencies— 

(1) collaborate, to the greatest extent practicable, with the 

national wildlife services, or other relevant bodies of each focus 

country to prepare, not later than 90 days after the date of 

submission of the report required under section 201(a), a United 

States mission assessment of the threats to wildlife in that 

focus country and an assessment of the capacity of that country 

to address wildlife trafficking; 

(2) collaborate, to the greatest extent practicable, with relevant ministries, national wildlife services, or other relevant 

bodies of each focus country to prepare, not later than 180 

days after preparation of the assessment referred to in paragraph (1), a United States mission strategic plan that includes 

recommendations for addressing wildlife trafficking, taking into 
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account any regional or national strategies for addressing wildlife trafficking in a focus country developed before the preparation of such assessment; 

(3) coordinate efforts among United States Federal agencies 

and non-Federal partners, including missions, domestic and 

international organizations, the private sector, and other global 

partners, to implement the strategic plans required by paragraph (2) in each focus country; 

(4) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, 

and information regarding effective support for anti-poaching 

activities, coordination of regional law enforcement efforts, 

development of and support for effective legal enforcement 

mechanisms, and development of strategies to reduce illicit 

trade and reduce consumer demand for illegally traded wildlife 

and wildlife products, and other relevant topics under this 

Act; and 

(5) coordinate or carry out other functions as are necessary 

to implement this Act. 

(b) DUPLICATION AND EFFICIENCY.—The Task Force shall— 

(1) ensure that the activities of the Federal agencies 

involved in carrying out efforts under this Act are coordinated 

and not duplicated; and 

(2) encourage efficiencies and coordination among the 

efforts of Federal agencies and interagency initiatives ongoing 

as of the date of the enactment of this Act to address trafficking 

activities, including trafficking of wildlife, humans, weapons, 

and narcotics, illegal trade, transnational organized crime, or 

other illegal activities. 

(c) CONSISTENCY WITH AGENCY RESPONSIBILITIES.—The Task 

Force shall carry out its responsibilities under this Act in a manner 

consistent with the authorities and responsibilities of agencies represented on the Task Force. 

(d) TASK FORCE STRATEGIC REVIEW.—One year after the date 

of the enactment of this Act, and annually thereafter, the Task 

Force shall submit a strategic assessment of its work and provide 

a briefing to the appropriate congressional committees that shall 

include— 

(1) a review and assessment of the Task Force’s 

implementation of this Act, identifying successes, failures, and 

gaps in its work, or that of agencies represented on the Task 

Force, including detailed descriptions of— 

(A) what approaches, initiatives, or programs have succeeded best in increasing the willingness and capacity of 

focus countries to suppress and prevent illegal wildlife 

trafficking, and what approaches, initiatives, or programs 

have not succeeded as well as hoped; and 

(B) which foreign governments subject to subsections 

(a) and (b) of section 201 have proven to be the most 

successful partners in suppressing and preventing illegal 

wildlife trafficking, which focus countries have not proven 

to be so, and what factors contributed to these results 

in each country discussed; 

(2) a description of each Task Force member agency’s priorities and objectives for combating wildlife trafficking; 
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(3) an account of total United States funding each year 

since fiscal year 2014 for all government agencies and programs 

involved in countering poaching and wildlife trafficking; 

(4) an account of total United States funding since fiscal 

year 2014 to support the activities of the Task Force, including 

administrative overhead costs and congressional reporting; and 

(5) recommendations for how to improve United States 

and international efforts to suppress and prevent illegal wildlife 

trafficking in the future, based upon the Task Force’s experience 

as of the time of the review. 

(e) TERMINATION OF TASK FORCE.—The statutory authorization 

for the Task Force provided by this Act shall terminate 5 years 

after the date of the enactment of this Act or such earlier date 

that the President terminates the Task Force by rescinding, superseding, or otherwise modifying relevant portions of Executive Order 

13648. 

TITLE IV—PROGRAMS TO ADDRESS THE 

ESCALATING WILDLIFE TRAFFICKING 

CRISIS 

SEC. 401. ANTI-POACHING PROGRAMS. 

(a) WILDLIFE LAW ENFORCEMENT PROFESSIONAL TRAINING AND

COORDINATION ACTIVITIES.—The Secretary of State and the 

Administrator of the United States Agency for International 

Development, in collaboration with the heads of other relevant 

United States agencies and nongovernmental partners where appropriate, may provide assistance to focus countries to carry out the 

recommendations made in the strategic plan required by section 

301(a)(2), among other goals, to improve the effectiveness of wildlife 

law enforcement in regions and countries that have demonstrated 

capacity, willingness, and need for assistance. 

(b) SENSE OF CONGRESS REGARDING SECURITY ASSISTANCE TO

COUNTER WILDLIFE TRAFFICKING AND POACHING IN AFRICA.—It is 

the sense of Congress that the United States should continue to 

provide defense articles (not including significant military equipment), defense services, and related training to appropriate security 

forces of countries of Africa for the purposes of countering wildlife 

trafficking and poaching. 

SEC. 402. ANTI-TRAFFICKING PROGRAMS. 

(a) INVESTIGATIVE CAPACITY BUILDING.—The Secretary of State 

and the Administrator of the United States Agency for International 

Development, in collaboration with the heads of other relevant 

United States agencies and communities, regions, and governments 

in focus countries, may design and implement programs in focus 

countries to carry out the recommendations made in the strategic 

plan required under section 301(a)(2) among other goals, with clear 

and measurable targets and indicators of success, to increase the 

capacity of wildlife law enforcement and customs and border security officers in focus countries. 

(b) TRANSNATIONAL PROGRAMS.—The Secretary of State and 

the Administrator of the United States Agency for International 

Development, in collaboration with other relevant United States 

agencies, nongovernmental partners, and international bodies, and 
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in collaboration with communities, regions, and governments in 

focus countries, may design and implement programs, including 

support for Wildlife Enforcement Networks, in focus countries to 

carry out the recommendations made in the strategic plan required 

under section 301(a)(2), among other goals, to better understand 

and combat the transnational trade in illegal wildlife. 

SEC. 403. ENGAGEMENT OF UNITED STATES DIPLOMATIC MISSIONS. 

As soon as practicable but not later than 2 years after the 

date of the enactment of this Act, each chief of mission to a focus 

country should begin to implement the recommendations contained 

in the strategic plan required under section 301(a)(2), among other 

goals, for the country. 

SEC. 404. COMMUNITY CONSERVATION. 

The Secretary of State, in collaboration with the United State 

Agency for International Development, heads of other relevant 

United States agencies, the private sector, nongovernmental 

organizations, and other development partners, may provide support 

in focus countries to carry out the recommendations made in the 

strategic plan required under section 301(a)(2) as such recommendations relate to the development, scaling, and replication of community wildlife conservancies and community conservation programs 

in focus countries to assist with rural stability and greater security 

for people and wildlife, empower and support communities to manage or benefit from their wildlife resources in a long-term biologically viable manner, and reduce the threat of poaching and 

trafficking, including through— 

(1) promoting conservation-based enterprises and incentives, such as eco-tourism and stewardship-oriented agricultural 

production, that empower communities to manage wildlife, natural resources, and community ventures where appropriate, 

by ensuring they benefit from well-managed wildlife populations; 

(2) helping create alternative livelihoods to poaching by 

mitigating wildlife trafficking, helping support rural stability, 

greater security for people and wildlife, responsible economic 

development, and economic incentives to conserve wildlife populations; 

(3) engaging regional businesses and the private sector 

to develop goods and services to aid in anti-poaching and antitrafficking measures; 

(4) working with communities to develop secure and safe 

methods of sharing information with enforcement officials; 

(5) providing technical assistance to support land use 

stewardship plans to improve the economic, environmental, 

and social outcomes in community-owned or -managed lands; 

(6) supporting community anti-poaching efforts, including 

policing and informant networks; 

(7) working with community and national governments 

to develop relevant policy and regulatory frameworks to enable 

and promote community conservation programs, including supporting law enforcement engagement with wildlife protection 

authorities to promote information-sharing; and 

(8) working with national governments to ensure that 

communities have timely and effective support from national 

authorities to mitigate risks that communities may face when 

engaging in anti-poaching and anti-trafficking activities. 
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TITLE V—OTHER ACTIONS RELATING 

TO WILDLIFE TRAFFICKING PROGRAMS 

SEC. 501. AMENDMENTS TO FISHERMAN’S PROTECTIVE ACT OF 1967. 

Section 8 of the Fisherman’s Protective Act of 1967 (22 U.S.C. 

1978) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘, in consultation 

with the Secretary of State,’’ after ‘‘Secretary of Commerce’’; 

(B) in paragraph (2), by inserting ‘‘, in consultation 

with the Secretary of State,’’ after ‘‘Secretary of the 

Interior’’; 

(C) in paragraph (3), by inserting ‘‘in consultation with 

the Secretary of State,’’ after ‘‘, as appropriate,’’; 

(D) by redesigning paragraph (4) as paragraph (5); 

and 

(E) by inserting after paragraph (3) the following new 

paragraph: 

‘‘(4) The Secretary of Commerce and the Secretary of the 

Interior shall each report to Congress each certification to the 

President made by such Secretary under this subsection, within 

15 days after making such certification.’’; and 

(2) in subsection (d), by inserting ‘‘in consultation with 

the Secretary of State,’’ after ‘‘as the case may be,’’. 

SEC. 502. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE 

OFFENSES UNDER MONEY LAUNDERING STATUTE. 

Section 1956(c)(7) of title 18, United States Code, is amended— 

(1) in subparagraph (E), by striking ‘‘; or’’ and inserting 

a semicolon; 

(2) in subparagraph (F), by striking the semicolon and 

inserting ‘‘; or’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(G) any act that is a criminal violation of subparagraph (A), (B), (C), (D), (E), or (F) of paragraph (1) of 

section 9(a) of the Endangered Species Act of 1973 (16 

U.S.C. 1538(a)(1)), section 2203 of the African Elephant 

Conservation Act (16 U.S.C. 4223), or section 7(a) of the 

Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 

5305a(a)), if the endangered or threatened species of fish 

or wildlife, products, items, or substances involved in the 
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violation and relevant conduct, as applicable, have a total 

value of more than $10,000;’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.