Database of Legislation

Crimes that affect the environment
     Part XIII
     Section 88 - 92
     Section 88 - 92

    UNTOC Articles

    • Organized Crime Convention

    • Article 11: Prosecution, adjudication and sanctions
    • Trafficking in Persons Protocol

    • Smuggling of Migrants Protocol

    • Firearms Protocol

       

      Original Text

      PART XIII
      DEALING IN TROPHIES

      88. Trophy dealer’s license

      (1) A person shall not deal in trophy or manufacture an article from a trophy for sale or carry on the business of a trophy dealer except under and in accordance with the conditions of a trophy dealer's license.

      (2) The Director General may, subject to any regulations made under this Act, grant to any citizen a trophy dealer's license in the prescribed form upon an application made in the prescribed form and subject to such conditions and on payment of such fees as may be prescribed.

      (3) A trophy dealer's license shall entitle the holder to capture, manufacture an article from a trophy, buying and selling trophies but shall not entitle him to hunt, kill or photograph any animal.

      (4) A trophy dealer shall not accept, buy, manufacture an article from a trophy, sell or transfer any trophy before such trophy is registered under the provisions of Part XII of this Act.

      89. No transfer of Trophy

      (1) A person shall not transfer by way of a gift, sale, exchange or otherwise or buy or accept any trophy except under and in accordance with the conditions specified in the permit granted under this section.

      (2) The Director General may, by regulations prescribe conditions for transfer of trophy specified under subsection (1).

      (3) The provisions of this section shall not apply to any trophy sold by a licensed trophy dealer or the Government or to any manufactured trophy in respect of which a certificate of registration was issued.

      90. Export of trophy

      (1) A person shall not export or re-export any trophy unless he holds a trophy export certificate or in the case of CITES listed species, a CITES permit issued by a relevant authority of the member country.

      (2) The Director General may, subject to any regulations made under this Act and on payment of any prescribed fee, issue to any person entitled to export or re-export any trophy, a trophy export certificate or CITES permit in the prescribed form.

      (3) The export or re-export of any specimen shall be in accordance with the provisions of this Act and shall be conducted at designated exit point prescribed by the Minister in the Gazette.

      (4) Any live specimens shall be handled during any period of transit, holding or shipment according to the regulations issued by the Minister.

      (5) The containers for transportation of live specimens shall be in accordance with International Air Transport Association (IATA) Live Animal Regulations.

      91. Import of trophy

      (1) A person shall not import any trophy except in accordance with the written authority of the Director General previously sought and obtained and in accordance with the provisions of CITES.

      (2) Notwithstanding the provisions of subsection (1), any other non- CITES trophy shall be imported as prescribed in the regulations made under this Act.

      92. Unlawful dealing in trophies

      (1) A person who sells, buys, transfers, transports, accepts, unlawful exports or imports any trophy in contravention of any of the provisions of dealing in this Part or CITES requirements, commits an offence and shall be liable on conviction to a fine of not less than twice the value of the trophy or to imprisonment for a minimum term of two years or to both such fine and imprisonment.

      (2) Trophy exported, re-exported or imported in contravention of this Part or the provisions of CITES shall be confiscated.