Agreement For The Establishment Of Southern African Centre For Ivory Marketing

Filename: 1991-SouthernAfricanCentreIvoryMarketing.EN.txt
Source: B7 p. 991:46

Agreement for the Establishment of Southern African Centre for Ivory Marketing

Source: B7 p. 991:46

The Government of the Republic of Botswana, the Government of the Republic of Malawi, the Government of the Republic of Namibia, the Government of the Republic of Zambia and the Government of the Republic of Zimbabwe

Recognizing the advantages of controlling the trade in elephant ivory and other wildlife products on a regional basis;

Aware that a regional strategy will encourage the acquisition at national level of maximum revenue from sales of wildlife products;

Noting the concern of countries outside the Southern African Region with respect to the relationship between illegal trade in elephant products (particularly ivory) on the one hand and the declines in elephant populations on the other;

Pursuant to the understanding agreed among certain Wildlife Authorities of the SADCC countries at the CITES meeting in Lausanne, Switzerland, on 20th October, 1989;

Pursuant also to the agreement between them to adopt the measures specified in the Southern African Ivory Marketing and Control System;

Pursuant further to the decision of the SADCC Council of Ministers at its meeting in Lusaka, Zambia, held from 29th to 30th January', 1990, to establish a Southern Africa centre for ivory marketing.

HEREBY AGREE as follows -



In this Agreement

"Board" means the Board of Management of the Centre established by Article V;

"Capital Fund" means the capital fund of the Centre established under Article VII,

"Chairman" means the Chairman of the Board as provided in Article V;

"Centre" or "SACIM" means the Southern African Centre for Ivory Marketing established by Article II;

"CITES" means the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora;

"Director" means the Director of the Centre appointed under Article VI;

"Elephant Conservation Fund" means the elephant conservation fund of the Centre, established under Article VIII;

"Financial year" means the financial year of the Centre prescribed in Article IX;

"hunting trophies" means wildlife trophies taken and owned by a hunter under appropriate licence;

"ivory" includes confiscated ivory;

"member" means each of the five governments signatory to this Agreement and any other government subsequently becoming a party to it under Article XIV;

"SADCC" means the organization known as the Southern Africa Development Co-ordination Conference established by a Memorandum signed at Harare, Zimbabwe, on 21st July, 1981.



There is hereby established a centre to be known as the Southern African Centre for Ivory Marketing (SACIM) which shall be jointly owned by the members and shall be located in the Republic of Botswana.



The objectives of the Centre shall, in respect of elephant populations and elephant products of the member countries, be -

(a) to establish, monitor and control a simple system for the marketing of ivory and other elephant products;

(b) to establish, control and operate a central facility to receive, store, record by inventory, mark and sell elephant products, it being understood that all sales will be conducted in convertible currency;

(c) to advise on, assist, support and strengthen elephant product manufacturing and processing industries, so as to increase value added production;

(d) to advise on, promote and secure markets in order to obtain optimum benefits from the sale of elephant products;

(e) to procure and facilitate on behalf of the members the sale of elephant products and remit to each member the proceeds generated by the sale of the products which originated from that member, less any deductions agreed by the Board as contribution by that member to the funds of the Centre.

For the avoidance of doubt, it is hereby agreed that -

(i) no funds shall be remitted to a member except such funds as are in payment for the products the value of which accrues to that member;

(ii) the Centre shall apply all its funds solely for the objectives of this Agreement.

(f) to act as repository for information on all aspects of elephant management and conservation, including elephant biology, population statistics, movements and behaviour as well as relationships between elephants and their habitats, and to disseminate such information;

(g) to assist in determining the optimum elephant populations in the member countries and to advise or assist the members in the carrying out of the management of elephants to achieve such optimum populations;

(h) to make recommendations for the conservation of elephants and elephant habitats, and where necessary, advise and assist in carrying out such recommendations;

(i) to set up and operate such facilities as are deemed necessary by the Board for establishing the legality of the ivory deposited at the Centre;

(j) to do all such other things as are incidental or conducive to the foregoing functions or any of them.



Every member shall -

(a) provide to the Centre any data pertaining to management and research regarding elephants and elephant products in its country, in accordance with the requirements of the Board;

(b) take note of any advice given by the Centre with respect to conservation and management of elephants and elephant habitats;

(c) in the event that elephant population monitoring has not been established in its country, initiate an appropriate programme with the guidance of the Centre for such monitoring;

(d) market all its elephant ivory exclusively through the Centre except hunting trophies and those quantities purchased by national manufacturing industries pursuant to paragraph (j) , and accept the guidance of the Centre in regard to the manner of marketing all other elephant products;

(e) pay to the Centre a fee equivalent to such percentage of the proceeds realised by the Centre on each sale of the member's elephant products as may be determined by the Board, and hereby agree that the Centre may deduct such fee from the proceeds of each sale upon completion of the sale;

(f) prohibit the importation into its country of all elephant products and the exportation of commercial shipments of worked ivory until otherwise advised by the Centre;

(g) permit and enforce exports of whole ivory tusks from its country only to the Centre except hunting trophies;

(h) adhere to and not exceed the annual ivory production as determined by the Centre in respect of its country;

(i) maintain a register and set up a store for all ivory in its country and shall appoint a responsible officer -

(i) to take charge of the register and the store;

(ii) to effect such marking of the ivory as the Centre may specify;

(iii) maintain and submit to the Centre such detailed records of the ivory as the Centre may specify and submit such records to the Centre at such intervals as the Centre may specify;

(j) allow only such residents of its country as are registered as approved manufacturers of ivory products to purchase ivory in that country for processing;

(k) submit to the Centre, at such frequency as the Centre may specify, a register of resident approved manufacturers of ivory products in its country and detailed records specifying the amount of ivory originating from its country purchased by such residents;

(l) not allow any private dealing in or the re-sale of unworked ivory;

(m) consider increasing penalties for offences of poaching of elephants and smuggling elephant products, particularly ivory, to the minimum recommended by the Centre;

(n) take all such measures (legislative, administrative or otherwise) as are necessary for the purposes of this Agreement or as are from time to time recommended by the Centre.



1. There shall be a board to be known as the Board of Management which shall, subject to this Agreement, be responsible for policy direction and control of the management of the Centre.

2. For the purposes of discharging its responsibilities the Board shall have all the powers necessary to achieve the objectives of the Centre and, further, shall have power to determine its own procedures and to make such rules and regulations as it deems fit for the administration of the Centre.

3. The Board shall consist of one representative of each member who shall be selected by the member from amongst serving senior officers of the Department of Wildlife of the member.

4.(1) The Board shall meet -

(a) twice every year in ordinary session;

(b) at any time in extra-ordinary session convened by the Chairman at his own initiative or upon a written request to the Chairman by any member.

(2) Unless the Chairman otherwise directs, meetings of the board shall be held at the Centre.

(3) The chairmanship of the Board shall rotate yearly among the members and the representative on the Board of the member holding the chairmanship shall preside over any meeting during the currency of that member's tenure notwithstanding that the meeting is hosted in the country of another member.

5. Save as otherwise provided in this Agreement, at any meeting of the Board -

(a) every member shall be represented by a person with appropriate credentials presented to the Director either in advance or at the meeting;

(b) all decisions of the Board shall be by consensus of the. Members

(c) the quorum shall be formed by a simple majority of the members;

(d) the Director, or his duly designated representative, shall be present and may participate in the deliberations and shall provide the Secretariat;

(e) the representative of a member may be accompanied by any number of experts or advisers who may participate in the deliberations as part of his delegation;

(f) the Board may invite appropriate observers.



1. The Board shall appoint, upon such terms and conditions as the Board may determine, an officer of the Centre who shall be designated as the Director of the Centre.

2. The Director shall be appointed from amongst persons appearing to the Board as qualified and as having had experience and shown capacity in matters relating to the technical activities of the Centre, and to the management of wildlife.

3. The Director shall be the chief executive of the Centre and as such he shall, subject to this Agreement and to any general or special directions of the Board or the Chairman -

(a) be responsible for -

(i) the implementation of the decisions of the Board;

(ii) carrying out the activities of the Centre;

(iii) all matters relating to the general management and administration of the Centre;

(b) prepare the budget and programme of activities of the Centre for each financial year and submit them to the Board for approval not later than at the meeting of the Board immediately preceding the beginning of the financial year to which they relate;

(c) control the expenditure and administer the finances of the Centre and cause proper books of account of the Centre to be kept and maintained;

(d) prepare and submit to the Board for approval administrative, financial and staff regulations;

(e) consider all matters to be presented to the Board and submit his recommendations thereon to the Board;

(f) submit to the Board, at its first meeting in ordinary session after the end of each financial year, a report on the activities of the Centre for that financial year, including a financial statement on revenue and expenditure and on assets and liabilities of the Centre as audited by the auditors appointed under Article IX;

(g) represent the Centre in its relations with third parties;

(h) prepare and keep up to date all data manuals and other records and publications used at the Centre;

(i) perform such other duties as are assigned to him in this Agreement or as may be assigned to him by the Board or the Chairman on behalf of the Board.

4.(1) In addition to the Director, the Board may appoint other senior technical and administrative

staff of the Centre upon such terms and conditions as the Board shall determine.

(2) For the purpose of subclause (1) , the Board shall determine which of the staff posts shall be classified as senior.

5. The Director shall appoint the auxiliary staff needed in the running of the Centre within such grades and upon such terms and conditions as the Director

shall, with the approval of the Board, determine.

6. The staff appointed under this Article, including the Director, shall, as far as possible and having regard to the interests of the Centre, be nationals of the member countries but may, where suitably qualified candidates are not available amongst nationals of the member countries, include nationals of other countries.

7. Communications from the Director to each member shall be addressed to that member's representative on the Board.



There shall be a Capital Fund for the establishment, development and operation of the Centre, the size and administration of which shall be determined by the Board from time to time and which shall consist of contributions by each member at such rates as the Board shall determine from time to time.



There shall be an Elephant Conservation Fund for the Centre, the size and administration of which shall be determined by the Board from time to time and which shall -

(a) be generated by the sale of ivory and such other elephant products as agreed by the Board from time to time and by receipt of donations;

(b) be used for the promotion of elephant conservation and management by members.



1. The financial year of the Centre shall be a period of twelve months determined by the Board:

Provided that the first financial year of the Centre may be a period shorter or longer than twelve months as determined by the Board.

2. The accounts of the Centre shall be audited annually by auditors appointed or re-appointed annually by the Board and who are registered and recognized as such under the laws of a member state.

3. Any arrangement under which the auditors shall audit the accounts of the Centre shall contain an obligation requiring the auditors to submit copies of their report on the accounts to the Board and in sufficient numbers for circulation to all members.

4. The accounts, books, registers or other documents relating to the financial management of the Centre shall, at all reasonable times, be open for inspection by the representative on the Board of any member.



Each member hereby undertakes to -

(a) promptly pay its contributions to the Capital Fund and the Elephant Conservation Fund as determined by the Board under Articles VII and VIII respectively;

(b) release on request by the Board, subject to the terms and conditions of service applicable to officers in its employment (which terms and conditions shall, in connection with this Agreement, be applied as favourably as possible to the officers concerned) , any of its officers appointed or needed in the service of the Centre; and

(c) extend to the Centre all possible facilities for carrying out its tasks within the territorial jurisdiction of that member, particularly in connection with the free movement of delegates to meetings of the Board and tax and duty-free treatment of ivory and other elephant products, funds, materials, equipment and supplies necessary for the operation of the Centre.



The Centre shall enjoy international legal personality and it shall have, in the territory of each member -

(a) the legal capacity required for the performance of its functions;

(b) the power to acquire or dispose of movable or immovable property;

(c) the privileges and immunities granted by the member to agencies of the United Nations Organization, which privileges and immunities shall also be extended to the staff of the Centre in the same way that they are extended to the staff of such agencies.



1. The Director shall at all times keep and maintain

(a) an inventory of all property, movable or immovable, belonging to the Centre;

(b) an asset register showing the assets of each member at the Centre and the book value thereof.

2. Any property or funds belonging to the Centre, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of seizure by judicial, executive or legislative action of a member.



1. This Agreement shall enter into force upon the date of signature.

2. Subject to the other provisions of this Article, a member may at any time withdraw from this Agreement by giving written notice to that effect to the Director who shall, immediately upon receipt of the notice -

(a) communicate it to all other members; and

(b) acknowledge receipt thereof to the member withdrawing, stating the date on which he received the notice.

3. The withdrawal of a member from this Agreement shall take effect one year from the date on which the Director received the notice of withdrawal from the member and during that period such member shall continue to be bound by this Agreement.

4. A member withdrawing from this Agreement shall be entitled to be reimbursed an amount equivalent to the book value of its immovable assets and the return of its movable assets as shown in the register of assets maintained under Article XII, less any amount owing by that member to the Centre.



1.(1) The government of any country may apply to the Board through the Director to become a party to this Agreement.

(2) In considering such applications, the Board shall have regard to

(a) geo-political considerations including relationship to SADCC;

(b) the country's standing with respect to CITES;

(c) the country's status with respect to elephant conservation and ivory trade controls; and

(d) any other factor that the Board deems relevant.

2. A government shall not become a party to this Agreement under this Article unless its application has been unanimously approved by the Board.

3. Where the Director receives an application under this Article he shall give notice thereof to all members at least sixty days prior to the Board meeting at which the application will be considered.

4. Where an application made under this Article has been approved, the Director shall send a copy of this Agreement to the government which made the application.

5. This Agreement shall enter into force with respect to a government which becomes a member under this Article on such date as may be agreed upon between that government and the Board.



1. This Agreement may be amended or revised at any meeting of the Board by the unanimous decision of the members.

2. Any proposal for an amendment or revision of this Agreement shall be circulated in writing to members at least sixty days before the opening of the meeting at which it is to be considered.

3. Any amendment or revision of this Agreement shall enter into force as from the date of the decision by which the Board adopted it.



Any issue arising as to the interpretation of this Agreement or of any provision thereof shall be settled by the consensus of the Board in meeting and the decision of the Board thereon shall be final and binding on the members.



The Government of the Republic of Botswana shall register this Agreement with the SADCC Secretariat and with the CITES Secretariat within sixty days of its entry into force with respect to the signatory members.



This Agreement in regard to elephant populations and elephant products may be extended to other wildlife populations and products as and when decided by the Board.

IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Agreement for and on behalf of their respective governments.

DONE in the English language at Lilongwe, Malawi this twentieth day of June 1991.