• Contents

  Introduction
• Background
• Classification into Appendixes and the Permit System
• Appendix I
• Appendix II
• Appendix III
• Permit Regulations
• Exemptions
• and Special Procedures Administration of CITES
• Conference of the Parties
• Enforcement of CITES
• The International Consortium on Combating Wildlife Crime
Implementation of CITES Inin the United States
• CITES and the Endangered Species Act
• Implementation of CITES: Successes and Problems
• Reported Successes
• Reported Problems with Implementation
• Conclusion

Summary

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has been ratified by 183185 nations, including the United States, and the European Union. It regulates the international trade in animals and plants that may be threatened by trade. CITES entered into force in 1975 and currentlyas of January 2026 regulates the trade of approximately 30,000over 40,900 species—including approximately 34,310 species of plants and 5,6006,610 species of animals. Many believe that CITES has been a success, noting that no species listed under CITES has gone extinct in the last 30 yearsparticularly in preventing extinction of listed species due to trade. Others believe that CITES, although successful, has had implementation difficulties, such as a lack of enforcement and failures to enact laws that relate toimplement the treaty in some nations.

Protected species are organized under CITES into three appendixes. Species in Appendix I are threatened with extinction due primarily to trade, and trade in Appendix I species is prohibited for commercial purposesAppendix I includes species that are threatened with extinction, which are or may be affected by international trade. International trade in Appendix I species is prohibited for commercial purposes, with exemptions in rare cases, such as for scientific research. Appendix II contains species that are not necessarily currently threatened with extinction but require controlled trade to prevent population declines. Species under Appendix III species are listed because at least one country has requested other countries to assist it in regulating trade of that species.

In the United States, the Endangered Species Act (ESA; P.L. 93-205, 87 Stat. 884.

A CITES Conference of the Parties (CoP) is held approximately once every three years, convening member parties and other stakeholders to contribute to decisions regarding species listing and resolutions to the convention. CoP20 was held in Uzbekistan in 2025. CoP20 represented the 50^th anniversary of CITES and ended with increased protection for several species. The CoP also included measures to lower the illegal trade of wildlife. Parties adopted measures that addressed online wildlife crime, illicit financial flows, corruption, and annual illegal trade reporting.

The scope of CITES activities has expanded since ratification, and Congress could debate whether the current scope is addressing the core mandate of the convention to prevent trade from harming wildlife. Congress also could consider what level of appropriations for implementing CITES and contributions to the CITES Secretariat meet congressional goals for species preservation. Further, Congress might consider how the enactment and enforcement of laws that implement CITES in other countries are affecting the viability and effectiveness of the convention.

Introduction

The annual value of the global wildlife trade is estimated to be $360 billion.¹ Although the wildlife trade brings revenue to many countries and communities globally, some scientists also point to it as a driver of biodiversity loss.²

Regulating the global wildlife trade to prevent species and consequently biodiversity loss is the objective of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES is an international agreement among national governments that aims to ensure the international trade in plants and animals does not threaten their survival.³ The global wildlife trade is estimated to involve over 70,000 species.⁴ The United States, a signatory to CITES, historically has been one of the largest importers of wildlife and wildlife products. Other countries involved in the wildlife trade include China, Germany, and the Netherlands.⁵ CITES also provides a framework for addressing the illegal trade in wildlife. According to UN Environment Programme estimates, illegal trade in wildlife products, including elephant ivory, rhino horns, and turtle shells, is estimated to be worth $7 billion to $23 billion annually.⁶ This figure does not include illegal logging and illegal fishing, which can account, respectively, for roughly an additional $50.7 billion-$152 billion annually and $11 billion-$23.5 billion annually, respectively.⁷ Such figures may place illegal wildlife trafficking among the top five most lucrative criminal activities worldwide, behind only narcotics, counterfeiting, and human trafficking.⁸

in CITES. Congress sometimes conducts oversight over U.S. proposals and participation in periodic meetings of parties that are signatories to CITES. These meetings are Conferences of the Parties (CoP). The next CoP for CITES is scheduled for Panama in 2028. The United States is planning to attend and be represented by the U.S. Fish and Wildlife Service (FWS). This report provides background information on the structure of CITES, the enforcementimplementation of CITES in the United States, and implementingselected issues related to CITES.

for Congress to consider. Background

The origins of CITES can be traced to the 1960s, during international discussions about the world trade of wildlife and wildlife products and its effect on wildlife populations. In 1963, the International Union for Conservation of Nature and Natural Resources (IUCN) called for an international convention on the trade in animal species and their products.⁹ A first draft of the Conventionconvention was produced in 1964, and in 1973, the treaty was negotiated in Washington, DC, at a conference attended by delegations from 80 countries. CITES was signed by 21 nations in Washington, DC. CITESin 1973, and entered into force in 1975 after 10 countries ratified the agreement. As of 20162026, there are 183 signatories185 parties to CITES.

CITES is applied to species whose populations may be significantly harmed by international trade. Species are first identified as needing protection and then assessed for the risk trade poses for the species survival. CITES regulates trade through a series of import and export permits corresponding to the degree of protection afforded the species. There are 6,610. There are approximately 5,600 species of animals and approximately 30,00034,310 species of plants listed under CITES. The administrative bodies of CITES are the Secretariat, the Conference of the Parties (COP) as of January 2026.¹⁰ The CITES Secretariat estimates that between 2016 and 2020, legal trade in CITES-listed animal species was valued at approximately $1.8 billion and legal trade in CITES-listed plant species was valued at approximately $9.8 billion.¹¹ The administrative bodies of CITES are the Secretariat, CoP, and the Management and Scientific Authorities of each country. The parties (i.e., signatory countries) meet generally and the European Union) generally meet every two years at a COPCoP to evaluate the implementation of the treaty and consider efforts whichthat would improve CITES's success.

Parties to CITES are responsible for implementing the convention in their national legislation.¹² In the United States, the implementing legislation for CITES is the Endangered Species Act (ESA; 16 U.S.C. 1531ff).¹³ The Division The Office of Management Authority (OMA) and the OfficeDivision of Scientific Authority (OSA) of the Fish and Wildlife Service (FWS) in the Department of the Interior (DOI) exercise the responsibilities of the Management and Scientific Authorities. Enforcement responsibilities for CITES are shared in varying levels by the FWS (DivisionOffice of Law Enforcement), and the Animal and Plant Health Inspection Service (APHIS), and the U.S. Customs and Border Protection (CBP) in the Department of Homeland Security. The National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA Fisheries), and the Customs Service in the Department of Homeland Security. The NOAA Fisheries in the Department of Commerce, also has a small role in CITES's enforcement.

Classification into Appendixes and the Permit System

Under CITES, species that are thought to be in need of protection are identified by the parties, and then their trade is regulated through export and import permits. Among the criteria used to consider a species for listing under CITES are (1) trade in the species; (2) population size of the species; (3) quality of habitat used by the species; (4) extent of the area where the species is distributed; (5) number of subpopulations and their size; and (6) reproductive potential.³

14 When a party is interested in including, deleting, or changing the appendix of a species under CITES, the party must submit a proposal to propose a new listing or amend the existing listing based on a set of criteria.¹⁵ The information used in the proposal is based on the "best information available." To adopt an amendment based on a proposal, two-thirds of the parties voting must vote in favor. The set of criteria used to justify changes in the listings has evolved over the years. When CITES took effect in 1975, several species had already been identified for inclusion in the appendixes. At the first COPCoP, criteria for including a species under CITES were promulgated and included the submission of data on population size and range of the species. In 1994, new criteria for listing a species under CITES were adopted.Appendix I and II under CITES were adopted in Resolution Conf. 9.24 (Conf. 9.24).¹⁶ These criteria include parameters based on the level of international trade of the species, distribution and population size of the species, nature and intensity of threats facing the species (e.g., habitat loss, disease, and pollution), management of the species, conservation of the species in its range country, and consultations with other countries where the species are found.⁴

17 Conf. 9.24 has been amended numerous times at COP meetings and by the Secretariat; it was last fully reviewed at COP17 in 2016.¹⁸ Resolution Conference 9.25 sets guidelines for considering species under Appendix III of CITES.¹⁹ Three appendixes in CITES correspond to different levels of protection from international trade. Under CITES, any species, subspecies, or geographically separate population of a species can be listed. Once listed under CITES, species can be traded between countries only with the proper permits. Permits are given if trade is not expected to be detrimental to the survival of the species. Certificates of Exemption are granted when trade in a species meets a specified set of criteria for exemption.⁵20 (See "Exemptions," below, for further discussion.) Article II of the treaty provides conditions under which species are to be included in each Appendix.⁶

Appendix I

The most stringent restrictions on trade are for species listed in Appendix I. For Appendix I, Article II states:

, Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional circumstances.

CITES generally prohibits commercial international trade in specimens of these species. Circumstances under which these species can be traded include scientific exchange, breeding, or educational programs. Both an import and an export permit (or reexport certificate)⁷ are required for the limited trade allowed for species in Appendix I.²¹ For example, all eight species of Pangolin—a small, scaly anteater living in parts of Africa and Asia—are listed in Appendix I. They were listed in 2017 due to declines in their populations. Pangolins are considered one of the most trafficked mammals in the world because of high demand for their scales for use in traditional Chinese medicine and their meat, which is considered a delicacy in several countries.²² Appendix II For example, in the past, countries agreed to allow Namibia and South Africa to kill and export five black rhinoceroses a year, with proceeds of the sale and hunt to be provided for black rhinoceros conservation programs. The black rhinoceros is an Appendix I species.

Appendix II

According to Article II, Appendix II species are:

(a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and (b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control.

Trade in Appendix II species is less restrictive than trade in Appendix I species, and exchange is permitted for commercial purposes if trade will not be detrimental to the species in the wild. For example, trade of Appendix II species requires only an export permit from the country of origin, unless the importing country has imposed additional requirements, which is allowed under CITES. 23 Appendix II contains roughly 97% of species listed under CITES.²⁴ In certain cases, CITES treats individuals or parts of Appendix I species as Appendix II species if they have been bred in captivity or artificially propagated. In addition, an introduction from-the-sea certificate is required for the import of Appendix I or II specimens taken from the high seas outside of any country's jurisdiction.

25 Appendix III

Appendix III species classified under CITES include:

all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the cooperation of other parties in the control of trade.

International trade of Appendix III species may require one of the following three documents: (1) export permit, granted for species coming from the country that listed it; (2) reexport permit, granted for Appendix III species being exported from a country that previously imported it; or (3) certificate of origin, for Appendix III specimens that are being exported from a country other than the listing country.²⁶ For example, if the United States sought to allow the export of a turtle dovecommon peafowl (Pavo cristatus) hatched in the United States, a certificate of origin would need to be issued because the species was originally listed by GhanaPakistan. A certificate of origin requires that the specimens were legally obtained from within the exporting country.²⁷ There is no requirement to show that the trade in the specimen would not be detrimental to the species' survival since it was not from the listed population.

Permit Regulations

Appendix I specimens require both an import and export permit for trade between party nations. If a non-party nation is involved, the party nation must provide the appropriate import or export permit depending on the trade of the species.²⁸ Appendix I specimens acquired abroad by individuals outside their country of usual residence may not be imported into the United States without CITES permits. A permit under CITES is not required for domestic trade within a party nation. Importing or exporting hunted animal trophies are the dominant use of wildlife according to permit applications. (See Figure 1.) The United States is the largest importer of animal trophies in the world (see Figure 2).

29 If a party enters a reservation, the transaction does not require a permit from or into the country taking the reservation, but would require a permit from the importing or exporting country if it is a CITES signatory. A reservation for a particular species can occur when a party detracts from the listing of a species in question because it finds the listing of the species unacceptable.³⁰ The party is required to abide by the rules of the Conventionconvention with regard to every other species except for those on which it has taken a reservation. Until a reservation is removed, that party is treated as a non-party state by other signatories for trade in that species.

31 As of 2016May 2025, the country with the greatest number of reservations is Palau with 33. These reservations are for listed marine species. Iceland, Norway, and Japan also have several reservations for listed marine species. In addition, Switzerland, Saudi Arabia, and Liechtenstein have registered several reservations, primarily for bird species, amphibians, and some mammals. The United States has no reservations.

Figure 1. Breakdown of Permit Applications for International Wildlife by Most Types

Source: U.S. Fish and Wildlife Service Budget Justification, Fiscal Year 2017. Notes: Percentage values do not add up to 100%, because other types of permits with smaller percentages are not included. These are permits for circuses, biomedical applications, marine mammal applications, and injurious wildlife applications. The category labeled ESA represents permit applications sought under the authority of the Endangered Species Act.

Exemptions

Figure 2. Top 10 Importers of Mammal Trophies (2008-2013, as reported by importing country)

Source: CITES Trade Database at http://trade.cites.org/.

Administration of CITES

was the United Kingdom, with 97.³² All of these reservations were for Appendix III species, mostly birds and lizards, and the majority apply only to selected U.K. territories. Palau had the second-highest number of reservations, with 37, of which 17 were for listed marine species. Japan (32 reservations, all marine), Iceland (23 reservations, all marine), and Norway (11 reservations, all marine) also had numerous reservations for listed marine species. In addition, Switzerland (17 reservations), Saudi Arabia (16 reservations), and Liechtenstein (15 reservations) had registered 15 or more reservations each, primarily for bird species, reptiles, and some mammals. There were 43 other countries with at least one reservation. The United States had no reservations. Exemptions and Special Procedures

Article VII of the convention outlines some situations where the provisions for listed species discussed above do not apply. These situations can result in exemptions, where no CITES documentation is required, or in special procedures—where trade is regulated and specimens are treated under a different appendix or where documents other than the standard CITES documentation are required. For example, exemptions may apply for certain specimens that are personal or household effects, specimens in transit or transshipment, or specimens exchanged between registered scientific institutions. Special procedures may apply for pre-convention specimens,³³ for specimens in transit, for species that are part of scientific exchanges,³⁴ for specimens that are bred in captivity or artificially propagated, or for specimens that are part of traveling exhibitions. These special procedures typically require the Management Authority to issue a certificate documenting the exceptional conditions that apply to the specimen in question. Further, Management Authorities may waive the permit or certificate requirement for specimens that are part of a traveling zoo, circus, plant exhibition, or other traveling exhibition.³⁵

36 Each party to CITES is responsible for creating its own Management and Scientific Authorities. The Management Authorities haveimplement the convention in each country, primarily through the responsibility to grant or deny CITES permits and certificates. In general, a Management Authority must determine whether

• The specimen was obtained through the violation of any domestic laws
• A living specimen will be prepared and shipped in a manner not detrimental to its health or welfare
• An import permit has been granted for Appendix I species before an export permit can be granted
• The import of specimens on Appendix I is primarily for noncommercial purposes
• The necessary advice from the Scientific Authority has been issued

.³⁷Management Authorities also must keep records of trade, care for species in transit, determine applicability of exemptions or special provisions, and designate exit and entry points for trade, among other things.

38 Scientific Authorities provide scientific and technical guidance to Management Authorities.³⁹ The functions of Scientific Authorities are defined in part by CITES and the party. Among other things, Scientific Authorities are required to determine whether (1) imports or exports of CITES species will have a harmful effect on the conservation statussurvival of a species; (2) the intended facility for caring for an imported live specimen of a listed animal is adequately equipped; and (3) import restrictions for a specimen to the country should be proposed because trade may have a negative effect on the status of the species in the wild, or because the introduction of the specimen into the country would present an ecological threat to native species.

Conference of the Parties

The Conference of the Parties (COP).⁴⁰

CITES governing bodies also include the Standing Committee, which provides policy guidance and budget oversight to the Secretariat; and the Animals and Plants Committees, which provide specialized expertise and technical support to the CoP and Secretariat in decisionmaking about species.⁴¹ The Standing Committee is composed of parties representing each of six major geographical regions (Africa, Asia, Europe, North America, Oceania, and Central and South America and the Caribbean); a representative from the Depository Government, Switzerland; the party that hosted the previous CoP; and the party that will host the next CoP.⁴² The Animal and Plants Committees comprise experts from each of the six major geographical areas, plus one specialist on nomenclature per committee.⁴³

Enforcement of CITES

The enforcement of CITES is primarily the responsibility of the party countries. CITES does not have any enforcement authority. Parties are required to enact and implement legislation that will prohibit trade that violates the treaty, as well as provide for penalties for violations and the confiscation and, where feasible, the return of illegally traded specimens.⁴⁷ Under Article VIII, other enforcement activities are listed and include (1) designation of ports of entry and exit for species; (2) care for living specimens; (3) maintenance of detailed records on the import and export of listed species; and (4) preparation of a biennial report on the regulatory measures taken to enforce the provisions of the treaty. Party countries are also allowed to adopt stricter domestic measures than provided in the Conventionconvention (Article XVI of CITES). Several countries have done so, including countries within the European Union and the United States under the ESA.

Implementation of CITES In the United States

Other federal agencies are involved in implementing CITES in the United States. NOAA Fisheries provides scientific advice and assistance to the FWS for marine species. Although NOAA Fisheries does not have legal authority to implement the terms of the Convention, it does have enforcement and monitoring responsibilities over some marine species that are jointly covered by the ESA and CITES, such as great whales, Queen Conch, some species of hard coral, and dolphins. The Animal and Plant Health Inspection Service (APHIS) Trade of a particular species or exports of a species from a range country can be temporarily suspended under CITES. Such a suspension may occur if there are not sufficient guarantees that trade is not detrimental to the survival of the listed species or if adequate legislation to implement CITES is absent, illegal trade is prevalent, or required scientific reports are missing. Some suspensions of trade are specific to the species, whereas other suspensions can be for all trade for a country.⁴⁸

Recommendations to suspend trade in specimens of CITES-listed species are made by the CoP and the Standing Committee. A recommendation to suspend trade provides a period of time during which the relevant country can move from noncompliance to compliance by inter alia making progress in the enactment of adequate legislation, combating and reducing illegal trade, submitting missing annual reports or responding to specific recommendations of the Standing Committee concerning the implementation of Article IV of the convention in the context of the Review of Significant Trade. Recommendations to suspend trade are withdrawn immediately upon a country's return to compliance.⁴⁹

As of December 2025, 35 countries were affected by at least a species-specific trade suspension resolution, including Equatorial Guinea, Senegal, Tanzania, Ghana, Niger, Liberia, Belize, and Togo, among others. Of those countries, Afghanistan, Djibouti, Dominica, Grenada, Guinea, Liberia, Libya, Oman, Sao Tome and Principe, and Somalia were subject to a complete suspension of commercial trade or all trade on all species.⁵⁰

The CITES Secretariat teams up with other organizations to address international wildlife crime and the illegal wildlife trade. For example, the International Consortium on Combating Wildlife Crime (ICCWC) is composed of five intergovernmental bodies that aim to end wildlife crime by strengthening criminal justice systems in certain countries and coordinating international, regional, and subregional entities to address wildlife crime.⁵¹ The five partners are the CITES Secretariat, the World Bank Group, the World Customs Organization, the United Nations Office on Drugs and Crime, and the International Criminal Police Organization (INTERPOL). These organizations established ICCWC in 2010. The ICCWC supported other partners to carry out Operation Thunder in 2025;⁵² this operation led to the seizure of nearly 30,000 live animals and the identification of 1,100 people suspected of the illegal trafficking of wild fauna and flora. The operation consisted of members of law enforcement agencies (e.g., police, customs, border security, forestry and wildlife authorities) from 134 countries who made a total of 4,640 seizures. Many species involved in the seizures were listed under CITES.⁵³

The Secretary of the Interior, through the FWS's International Affairs Program, has the primary responsibility for implementing CITES in the United States. The Secretary of the Interior is the Managing Authority and Scientific Authority for CITES, as authorized under the ESA. All wildlife species that enter or exit the United States must be accompanied by a permit, in compliance with U.S. laws.⁵⁸ The FWS is responsible for issuing permits for the export, import, or reexport of protected species under the terms of CITES and domestic laws; monitoring trade and transport of listed species; enforcing permit regulations; investigating cases of illegal trade; and implementing other U.S. laws that address wildlife trade and wildlife trafficking, including Executive Order 13773 on preventing international trafficking.⁵⁹ The FWS also is responsible for coordinating and preparing U.S. proposals for the CoP. The FWS generally coordinates with other federal agencies to prepare these proposals.

(as reported in 2016)

Notes: Percentage values do not add up to 100%, because other types of permits with smaller percentages are not included. These are permits for circuses, biomedical applications, marine mammal applications, and injurious wildlife applications. The category labeled ESA represents permit applications sought under the authority of the Endangered Species Act.

(2019-2025, as reported by importing country)

Notes: These are trade data that were designated by the importing country as for the purpose of "Hunting Trophy" with the trade term Trophy. The few data that were entered as weight instead of trophy number were subtracted from the country total to control for units of measure as much as possible. These data are from CITES-listed species.

• The Marine Mammal Protection Act (MMPA) of 1972 (P.L. 92-522, as amended; .
• The Endangered Species Act (ESA; 16 U.S.C. §§1531-1544) aims to conserve species determined to be endangered or threatened and the ecosystems upon which those species rely. Species are evaluated for their risk of extinction—presently (i.e., endangered species) or in the foreseeable future (i.e., threatened species). Listing a species under the ESA triggers protections and provisions intended to promote recovery and prevent extinction.
The Marine Mammal Protection Act (MMPA) of 1972 (16 U.S.C. §§1361 et seq.) aims to conserve marine mammal populations by establishing a moratorium on the killing of marine mammals in U.S. waters and by U.S. nationals on the high seas.
• The Lacey Act (16 U.S.C. §§3371-3378) implements enforcement mechanisms for the illegal trade of wildlife within the United States. Specifically, the Lacey Act makes it illegal to engage in the trade of fish and wildlife taken in violation of any U.S. or Indian tribal law, treaty, or regulation as well as the trade of any of these items acquired through violations of foreign law or treaties (this includes CITES). Plant species are subjected to the Lacey Act if they are taken in violation of a law or treaty of the United States or a law or regulation of any state. However, plants are defined as those indigenous to any state and either (1) listed under CITES or (2) listed pursuant to any state law that provides for the conservation of species threatened with extinction (16 U.S.C. §3371(f)). Therefore, a plant is not covered under the Lacey Act unless it is indigenous to a state. This definition, for example, precludes the application of the Lacey Act to many tropical timber species listed under CITES.
• Under the Fisherman's Protective Act (22 U.S.C. §§1971-1979) there is a provision (Pelly Amendment) that authorizes the President to discontinue the importation of products from a country that allows fishing operations, takings, or trade that diminishes the effectiveness of an international fishing treaty or program in international endangered and threatened species (e.g., CITES).

Changes in the implementation of CITES in the United States were promulgated by the FWS on May 27, 2014.¹⁵ (See 50 CFR Part 23.)

. CITES and the Endangered Species Act

The ESA implements CITES in the United States. Although the ESA and CITES have a legal distinction, many species are included in both the ESA and CITES lists, making these lists overlapping but not identical.

and CITES lists overlap but are not identical, with many species included in both lists. The ESA aims to conserve species listed under the act. Under the ESA, domestic and foreign species of animals (both vertebrate and invertebrate) and plants can be listed as either endangered or threatened, according to an assessment of the risk of their extinction.⁶⁴ Once a species is listed, the act provides tools to aid in its conservation and recovery and to protect its habitat. Among these tools are the ESA's prohibition of take (i.e., killing, capturing, or harming) of endangered species without a permit.⁶⁵ Regulations under the ESA for foreign species largely address import restrictions and domestic breeding activities within the United States; the ESA generally does not regulate listed species outside the United States and U.S. territories, because these species are beyond U.S. jurisdiction. For example, the ESA does not prohibit individuals from killing listed species in foreign countries.⁶⁶ Although there are similarities between CITES and the ESA in listing and protecting species, several fundamental differences exist. The ESA and CITES have similar rationales for listing species; namely, that there is a threat to the survival of the species. However, under CITES, this threat is specifically associated with the harvesting of the species or their parts for international trade, although other parameters may be considered.⁶⁷ Under the ESA, consideration of the threat to survival is broader, and includes factors such as habitat loss, disease, and predation, as well as trade and consumption. Many species fall under both these definitions of threat and consequently are listed under both the ESA and CITES. This does imply that species listed under both lists have equal in addition to trade and consumption.⁶⁸ For example, a species with low population size that is experiencing habitat loss but is not traded could be listed under ESA and not CITES. The discrepancy in factors analyzed under the ESA and CITES could result in unequal levels of protection. For example, the Saiga antelope (Saiga tatarica mongolica) is listed under Appendix II in CITES, yet and is listed as endangered under the ESA. These listings carry different requirements related to trade, such as importing a sport-hunted trophy. is listed as endangered under the ESA.¹⁷ Thus, a U.S. hunter could legally hunt Saiga in Mongolia (if allowed by Mongolian law) but could not import his trophies into the United States without a permit from both the United States and Mongolia that meets CITES regulations and the exemptions under the ESA for importing endangered species.

Species that are not prohibited for trade under CITES, yet but are listed as threatened or endangered under the ESA, can be imported to the United States if they meetthe importer meets the requirements ofunder Section 10 or a Section 4(d) rule (see textbox below) of the ESA. For example, Section 10 of the ESA allows for the Secretary to issue a permit for the take of an endangered species when it (1) is incidental in conducting an otherwise lawful activity; (2) is shown to enhance the survival of the affected species in the wild; or (3) is for scientific purposes. For example, Section 10 permits have been issued for the import of endangered giant pandas, cheetahs, and Asian elephants for scientific research and generally not for incidental take.¹⁸ Section 10 allows permit requests for importing sport hunting trophies; however, such requests are routinely denied, according to the FWS.¹⁹ Under CITES, exceptions for sport-hunting trophies under a quota are sometimes granted for taking species listed under Appendix I and II, if it is determined to have no detriment to the population.

Section 4(d) under the ESApermits under the ESA have been issued for the import of endangered giant pandas, cheetahs, and Asian elephants for scientific research but generally not for incidental take.⁶⁹

Under the highest level of protection under both the ESA and CITES, species might not receive equivalent safeguards, listed as endangered under the ESA versus being listed in Appendix I of CITES, for their survival. CITES allows for trade in Appendix I species if trade is not primarily commercial and is not detrimental to the species' survival (e.g., household goods).⁷⁰ To receive an import permit for an endangered species under the ESA, the import of the endangered species must have a net result of enhancing the survival of the species.⁷¹ For example, cheetahs are an Appendix I species under CITES and are listed as endangered under the ESA. Under CITES, some countries have allowed the limited trade of sport-hunted cheetahs, because it was shown that this trade would not be a detriment to the population. Under the ESA, however, FWS has not issued permits for importing sport-hunted cheetah trophies, because their take has not been shown to enhance the species' survival in its range country.⁷²

Section 4d Under the Endangered Species Act

Implementation of CITES: Successes and Problems

Reported Successes

Reported Problems with Implementation

Some believe

Source: Endangered Species Act, 16 U.S.C. §§1531-1544. 50 C.F.R. §17.42(c). U.S. Department of the Interior, FWS, "Draft Policy for Enhancement-of-Survival Permits for Foreign Species Listed Under the Endangered Species Act," 68 Federal Register 49512, August 18, 2003.

Both the ESA and CITES allow limited take of endangered species in some cases where the objective is scientific research, conservation, or education. The ESA further allows the issuance of permits for incidental take during otherwise lawful actions.⁷³

Coverage differs for global species addressed by the ESA and CITES. ESA-listed species largely reside in the United States. The ESA has 1,684 domestic species and 705 foreign species listed as threatened and endangered.⁷⁴ CITES has 1,878 species listed in the United States under one of the three appendixes and approximately 39,000 species foreign to the United States. All parties participate in the listing of species under CITES and are privy to their domestic trade data and concerns.

Although most observers believe the treaty has been effective in curbing the international trade of endangered and threatened species, some argue that many issues with implementation remain.⁷⁸ The primary issue, according to some, is the lack of implementing legislation, and hence enforcement mechanisms, in several party nations.⁷⁹ This lack compromises the treaty's effectiveness and lowers the value of enforcement and monitoring activities in complying party nations. Some also note that the use of reservations and the persistence of the global illegal wildlife trade have posed additional challenges to the success of CITES.

Congress appropriates funding to the FWS to administer CITES and conducts oversight over the implementation of CITES. Congress also conducts oversight over U.S. efforts to address the global wildlife trade and its effect on the United States and other countries. Congress might consider addressing global challenges related to CITES as well as other issues related to the implementation of CITES in the United States. Some issues related to CITES that Congress might consider include (1) global enforcement and implementation of CITES; (2) the scope of CITES; and (3) appropriations for implementing CITES in the United States and supporting the CITES Secretariat.

If Congress wanted to pursue strategies to increase the implementation of CITES, options include supporting (1) efforts to increase the adoption of legislation implementing CITES by parties and (2) global enforcement of CITES.

Although parties to the treaty are obligated to implement legislation upholding CITES and to establish Management and Scientific Authorities, some have failed to do so and consequently have not enforced the treaty as effectively as other parties. Moreover, substantial variations exist among countries regarding the regulation of domestic wildlife trade. This lack of consistency in the implementation of legal frameworks can be exploited by wildlife traffickers, who may actively seek out lax jurisdictions to traffic goods. Inconsistency also may indicate a lack of political will to correct and amend variations in the law. It also may highlight a lack of international policy consensus or prioritization on how, and how much, to curb wildlife trafficking.⁸⁰ CITES monitors national legislation to implement CITES. (See overview in the textbox entitled "CITES National Legislation Project.")

CITES National Legislation Project

The CITES Secretariat's National Legislation Project identifies countries that have not implemented legislation meeting the four minimum requirements for effective implementation of CITES: (1) establishment of Management and Scientific Authorities; (2) prohibition of trade in violation of CITES; (3) penalties for violations; and (4) protocols for confiscating illegally traded specimens. The Secretariat analyses legislation and sorts parties into the following three categories:

Category 1—legislation that is believed generally to meet the requirements for implementation of CITES

Category 2—legislation that is believed generally to meet one to three of the four requirements for effective implementation of CITES

Category 3—legislation that is believed generally not to meet any of the four requirements for effective implementation of CITES

As of November 2025, 65 (35%) of the 185 parties to the convention were listed in categories 2 or 3.

The Conference of the Parties and Standing Committee can make recommendations to suspend trade in specimens of CITES species with certain countries, either completely or for particular species, due to lack of compliance with CITES. These suspensions are intended to push a country to "move from non-compliance to compliance by the enactment of adequate legislation, combating and reducing illegal trade, submitting missing annual reports, or responding to specific recommendations of the Standing Committee." As of November 2025, 36 countries were subjected to some sort of recommendation to suspend trade. Most of these were for trade in one or more individual species with the country in question. However, as of November 2025, the Secretariat recommended suspending all trade in CITES species with Afghanistan, Djibouti, and Grenada, and it recommended suspending all commercial trade in CITES species with Comoros, Dominica, Guinea, Lebanon, Liberia, Libya, Oman, San Tome and Principe, and Somalia.

If Congress chose to support efforts by parties to enact legislation to implement CITES, options could include providing technical assistance and directly supporting efforts by the CITES Secretariat. Another option for Congress would be to focus on modifying U.S. laws to improve implementation of CITES.

Some argue that many countries lack the resources to police and monitor the legal and illegal wildlife trade. Further, they assert that violations of wildlife trade laws are a low priority in these countries. Barriers toward effective enforcement in certain countries include (1) underfunding for wildlife trade enforcement; (2) corruption, which includes collusion between wildlife poachers and law enforcement officials; and (3) a low priority for conservation in regional and national governments.⁸¹ Law enforcement officials also identified a lack of political support as a hindrance to their effectiveness against the illegal wildlife trade—a trend that if changed, some contend, could strengthen penalties, sentencing, and prosecution of wildlife crimes.⁸²

Conclusion