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16 U.S.C. § 4224 — Review of African elephant conservation programs

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4224 — Review of African elephant conservation programs

**(a) In general** Within one month after October 7, 1988, the Secretary shall issue a call for information on the African elephant conservation program of each ivory producing country by— (1) publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested parties; and (2) submitting a written request for such information through the Secretary of State to each ivory producing country. **(b) Review and determination** (1) **In general** — The Secretary shall review the African elephant conservation program of each ivory producing country and, not later than one year after October 7, 1988, shall issue and publish in the Federal Register a determination of whether or not the country meets the following criteria: (A) The country is a party to CITES and adheres to the CITES Ivory Control System. (B) The country’s elephant conservation program is based on the best available information, and the country is making expeditious progress in compiling information on the elephant habitat condition and carrying capacity, total population and population trends, and the annual reproduction and mortality of the elephant populations within the country. (C) The taking of elephants in the country is effectively controlled and monitored. (D) The country’s ivory quota is determined on the basis of information referred to in subparagraph (B) and reflects the amount of ivory which is confiscated or consumed domestically by the country. (E) The country has not authorized or allowed the export of amounts of raw ivory which exceed its ivory quota under the CITES Ivory Control System. (2) **Delay in issuing determination** — If the Secretary finds within one year after October 7, 1988, that there is insufficient informati

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Stable record: federal_law:legal_authorities:record_usc_cfe35eda861738b7482a32ef
Source file: Laws/federal/codes/united-states-code/title-16/section-4224-review-of-african-elephant-conservation-programs--94a694ea74.md
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Source location: Title 16, Chapter 62, § 4224; chapter-062-african-elephant-conservation.md

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**(a) In general** Within one month after October 7, 1988, the Secretary shall issue a call for information on the African elephant conservation program of each ivory producing country by— (1) publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested parties; and (2) submitting a written request for such information through the Secretary of State to each ivory producing country. **(b) Review and determination** (1) **In general** — The Secretary shall review the African elephant conservation program of each ivory producing country and, not later than one year after October 7, 1988, shall issue and publish in the Federal Register a determination of whether or not the country meets the following criteria: (A) The country is a party to CITES and adheres to the CITES Ivory Control System. (B) The country’s elephant conservation program is based on the best available information, and the country is making expeditious progress in compiling information on the elephant habitat condition and carrying capacity, total population and population trends, and the annual reproduction and mortality of the elephant populations within the country. (C) The taking of elephants in the country is effectively controlled and monitored. (D) The country’s ivory quota is determined on the basis of information referred to in subparagraph (B) and reflects the amount of ivory which is confiscated or consumed domestically by the country. (E) The country has not authorized or allowed the export of amounts of raw ivory which exceed its ivory quota under the CITES Ivory Control System. (2) **Delay in issuing determination** — If the Secretary finds within one year after October 7, 1988, that there is insufficient information upon which to make the determination under paragraph (1), the Secretary may delay issuing the determination until no later than December 31, 1989. The Secretary shall issue and publish in the Federal Register at the time of the finding a statement explaining the reasons for any such delay.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4203 — Multinational Species Conservation Fund

In fiscal year 1999 and thereafter, donations to provide assistance under [section 5304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5304&num=0&edition=prelim), part I of the African Elephant Conservation Act ([16 U.S.C. 4211](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4211&num=0&edition=prelim) et seq.), and [section 4264 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4264&num=0&edition=prelim) shall be deposited to this Fund and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, all penalties received by the United States under section 2204 of the African Elephant Conservation Act ([16 U.S.C. 4224](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4224&num=0&edition=prelim)) which are not used to pay rewards under section 2205 of the African Elephant Conservation Act ([16 U.S.C. 4225](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4225&num=0&edition=prelim)) shall be deposited to this Fund to provide assistance under section 2101 of the African Elephant Conservation Act ([16 U.S.C. 4211](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4211&num=0&edition=prelim)) and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, not more than three percent of amounts appropriated to this Fund may be used by the Secretary of the Interior to administer the Fund.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4221 — Acceptance and use of donations

The Secretary may accept and use donations of funds to provide assistance under this subchapter. Amounts received by the Secretary in the form of such donations shall be transferred by the Secretary to the Secretary of the Treasury for deposit into the Fund.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4224 — Penalties and enforcement

Page 2473 TITLE 16—CONSERVATION § 4224 (b) Intermediary countries The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country— (1) is not a party to CITES; (2) does not adhere to the CITES Ivory Con- trol System; (3) imports raw ivory from a country that is not an ivory producing country; (4) imports raw or worked ivory from a coun- try that is not a party to CITES; (5) imports raw or worked ivory that origi- nates in an ivory producing country in viola- tion of the laws of that ivory producing coun- try; (6) substantially increases its imports of raw or worked ivory from a country that is subject to a moratorium under this chapter during the first three months of that moratorium; or (7) imports raw or worked ivory from a coun- try that is subject to a moratorium under this chapter after the first three months of that moratorium, unless the ivory is imported by vessel during the first six months of that mor- atorium and is accompanied by shipping docu- ments which show that it was exported before the establishment of the moratorium. (c) Suspension of moratorium The Secretary shall suspend a moratorium es- tablished under this section if, after notice and public comment, the Secretary determines that the reasons for establishing the moratorium no longer exist. (d) Petition (1) In general Any person may at any time submit a peti- tion in writing requesting that the Secretary establish or suspend a moratorium under this section. Such a petition shall include such substantial information as may be necessary to demonstrate the need for the action re- quested by the petition. (2) Consideration and ruling The Secretary shall publish a

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