Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

6. Power to Issue Certificate: (1) Upon receipt of a recommendation from the Scientific Authority under Section 5, and if the Management Authority is satisfied that the following conditions exist, the Authority may issue a certificate as prescribed to the person, institution or body applying for the certificate:
 (a) In case an application for a certificate is made for a purpose other than import, that such wildlife or fauna or its specimen appears to be in the ownership or control of the person, institution or body applying for the certificate;
 (b) In case an application for a certificate is made for a purpose other than import, that such wildlife or fauna or its specimen appears to have been obtained by the person, institution or body applying for the certificate in accordance with the prevailing law;
 (c) That a certificate of health for such wildlife or fauna or its specimen obtained from the concerned body is submitted;
 (d) In the case of live wildlife, that there are sufficient and appropriate arrangements for its transport and that there are reasonable grounds to believe that during transport the wildlife will not be injured, harmed in health, or subjected to cruel treatment;
 (e) In case such wildlife or fauna or its specimen is to be exported to a country, that an import permit or letter of intent to issue a permit for such wildlife or fauna or its specimen granted by the competent authority of that country is submitted, or in case such wildlife or fauna or its specimen is to be imported into Nepal from a country, that an export permit or letter of intent to issue a permit for such wildlife or fauna or its specimen granted by the competent authority of that country is submitted;
 (f) In case such wildlife or fauna or its specimen is to be imported into Nepal, that it appears it will be used only for the purpose for which it is being imported and not for commercial purposes;
 (g) In case such wildlife or fauna or its specimen is to be exported to a country, that an assurance letter from the competent authority of that country is submitted to the effect that its use in that country will not be for commercial purposes.

added by the First Amendment.(1a) Notwithstanding anything contained in clauses (e) and (f) of sub-section (1), while exporting endangered flora and fauna or its specimen, such permit or assurance letter provided by the importing country shall not be required.

(2) To be satisfied of the existence of the conditions under sub-section (1), the Management Authority may, as necessary, require the original document or a copy, and the concerned person, institution or body shall submit the documents requested accordingly to the Management Authority.

(3) While issuing a certificate under sub-section (1), the Management Authority may specify in the certificate necessary conditions regarding the use, management, rearing, conservation, habitat, means or route of transport, etc., of such wildlife or fauna or its specimen, and it shall be the duty of the concerned person, institution or body obtaining the certificate to comply with such conditions.

(4) The person, institution or body obtaining the certificate shall use or cause to be used such wildlife or fauna or its specimen only for the same purpose for which the certificate was issued by the Management Authority under sub-section (1).

(5) A certificate granted under this section shall be valid only for the purpose of the person, institution or body that obtained it and shall not be transferable for use by another person, institution or body.

(6) In case the person, institution or body obtaining the certificate does any act contrary to sub-section (3), (4) or (5), the Management Authority may, after completing the procedure as prescribed, revoke the certificate at any time.

(7) Provisions relating to the validity period, renewal, fee and cancellation of the certificate shall be as prescribed.