16 U.S.C. § 7612 — Statement of United States policy

Page 2701 TITLE 16—CONSERVATION § 7612 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, known as the Eliminate, Neutralize, and Dis- rupt Wildlife Trafficking Act of 2016, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. Executive Order 13648, referred to in pars. (2) and (11), is Ex. Ord. No. 13648, July 1, 2013, 78 F.R. 40621, which is set out as a note under section 1531 of this title. AMENDMENTS 2022—Par. (3). Pub. L. 117–263, § 5943(b)(1), inserted ‘‘in- volving local communities’’ after ‘‘approach to con- servation’’ in introductory provisions. Par. (4). Pub. L. 117–263, § 5943(b)(2), amended par. (4) generally. Prior to amendment, text read as follows: ‘‘The term ‘country of concern’ refers to a foreign country specially designated by the Secretary of State pursuant to subsection (b) of section 7621 of this title 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.’’ Par. (11). Pub. L. 117–263, § 5943(b)(3), substituted ‘‘sec- tion 7631’’ for ‘‘section 7621’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 114–231, § 1(a), Oct. 7, 2016, 130 Stat. 949, pro- vided that: ‘‘This Act [enacting this chapter and amending section 1956 of Title 18, Crimes and Criminal Procedure, and section 1978 of Title 22, Foreign Rela- tions and Intercourse] may be cited as the ‘Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016’.’’ SUBCHAPTER I—PURPOSES AND POLICY § 7611. Purposes The purposes of this chapter 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 crimi- nal groups that undermine United States and global security interests; (4) to prevent wildlife poaching and traf- ficking from being a means to make a living in focus countries; (5) to support the efforts of, and collaborate with, individuals, communities, local organi- zations, and foreign governments to combat poaching and wildlife trafficking; (6) to assist focus countries in implementa- tion of national wildlife anti-trafficking and poaching laws; and (7) to ensure that United States assistance to prevent and suppress illicit wildlife traf- ficking 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 part- ners to cooperate effectively toward these ends. (Pub. L. 114–231, title I, § 101, Oct. 7, 2016, 130 Stat. 951.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, known as the Eliminate, Neutralize, and Dis- rupt Wildlife Trafficking Act of 2016, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under sec- tion 7601 of this title and Tables. § 7612. Statement of United States policy It is the policy of the United States— (1) to take immediate actions to stop the il- legal global trade in wildlife and wildlife prod- ucts 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 manage- ment of protected areas including commu- nity managed and privately-owned lands; (C) local engagement of security forces in anti-poaching responsibilities, where appro- priate; (D) wildlife trafficking investigative tech- niques, including forensic tools; (E) transparency and corruption issues; (F) management, tracking, and inventory of confiscated wildlife contraband; (G) demand reduction strategies in coun- tries that lack the means and resources to conduct them; and (H) bilateral and multilateral agreements and cooperation; (3) to employ appropriate assets and re- sources of the United States Government in a coordinated manner to curtail poaching and disrupt and dismantle illegal wildlife trade networks and the financing of those networks in a manner appropriate for each focus coun- try; (4) to build upon the National Strategy and Implementation Plan to further combat wild- life 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 traf- ficking to broader forms of transnational or- ganized criminal activities, including traf- ficking, and where applicable, to focus on those crimes in a coordinated, cross-cutting manner. (Pub. L. 114–231, title I, § 102, Oct. 7, 2016, 130 Stat. 951.) Page 2702 TITLE 16—CONSERVATION § 7621 1 So in original. Probably should be followed by a period. SUBCHAPTER II—REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES § 7621. Report (a) Report Not later than one year after October 7, 2016, and biennially thereafter by June 1 of each year in which a report is required, 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 chapter. (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 also list each country deter- mined by the Secretary of State to be a country of concern within the meaning of this chapter 1 (c) Procedure for removing countries from list Concurrently with the first report required under this section and submitted after Decem- ber 23, 2022, the Secretary of State, in consulta- tion with the Secretary of the Interior and the Secretary of Commerce, shall publish in the Federal Register a procedure for removing from the list described in subsection (b) any country that no longer meets the definition of country of concern under section 7601(4) of this title. (d) Sunset This section shall cease to have force or effect on September 30, 2028. (Pub. L. 114–231, title II, § 201, Oct. 7, 2016, 130 Stat. 952; Pub. L. 117–263, div. E, title LIX, § 5943(c)(1), Dec. 23, 2022, 136 Stat. 3470.) TERMINATION OF SECTION For termination of section on Sept. 30, 2028, see subsec. (d) of this section. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, known as the Eliminate, Neu- tralize, and Disrupt Wildlife Trafficking Act of 2016, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note under section 7601 of this title and Tables. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 5943(c)(1)(A), sub- stituted ‘‘biennially thereafter by June 1 of each year in which a report is required’’ for ‘‘annually there- after’’. Subsec. (b). Pub. L. 117–263, § 5943(c)(1)(B), substituted ‘‘shall also list each country determined by the Sec- retary of State to be a country of concern within the meaning of this chapter’’ for ‘‘shall identify each coun- try of concern listed in the report the government of which has actively engaged in or knowingly profited from the trafficking of endangered or threatened spe- cies.’’ Subsecs. (c), (d). Pub. L. 117–263, § 5943(c)(1)(C), added subsecs. (c) and (d) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: ‘‘This section shall terminate on the date that is 5 years after October 7, 2016.’’ SUBCHAPTER III—FRAMEWORK FOR INTERAGENCY RESPONSE § 7631. Presidential Task Force on Wildlife Traf- ficking (a) Responsibilities In addition to the functions required by Exec- utive Order 13648 (78 Fed. Reg. 40621), the Task Force shall be informed by the Secretary of State’s annual report required under section 7621 of this title and considering all available infor- mation, ensure that relevant United States Gov- ernment agencies— (1) collaborate, to the greatest extent prac- ticable, 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 sec- tion 7621(a) of this title, a United States mis- sion 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 prac- ticable, 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 rec- ommendations for addressing wildlife traf- ficking, taking into account any regional or national strategies for addressing wildlife traf- ficking in a focus country developed before the preparation of such assessment; (3) coordinate efforts among United States Federal agencies and non-Federal partners, in- cluding 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, con- sult and coordinate with stakeholders quali- fied to provide advice, assistance, and infor- mation regarding effective support for anti- poaching activities, coordination of regional law enforcement efforts, development of and support for effective legal enforcement mecha- nisms, 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 chapter; (5) pursue programs and develop a strategy— (A) to expand the role of technology for anti-poaching and anti-trafficking efforts, in partnership with the private sector, foreign governments, academia, and nongovern- mental organizations (including technology companies and the transportation and logis- tics sectors); and (B) to enable local governments to develop and use such technologies; (6) consider programs and initiatives that address the expansion of the illegal wildlife trade to digital platforms, including the use of