People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

Prime Minister

ref no.05/PM

Vientiane Capital, dated 5 May 2018

Order

On the Enhancement of the Strictness in the Administration and Inspection of Legally Prohibited Wild Fauna and Flora

                     To: Ministers, Head of governor equivalent organizations, Vientiane Governor and Provincial Governors.

• Pursuant to the Government Law No. 04/NA, dated 08 November 2016;
• Pursuant to the Wild Fauna and Flora Law No. 07/NA, dated December 12, 2007;
• Pursuant to the Criminal Procedure Law No. 17/NA, dated 10 July 2021;
• Pursuant to the International Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Lao PDR;
• Pursuant to the Proposal Letter of the Ministry of Agriculture and Forestry No. 32/MAF, dated 27 April 2018.

To strengthen the implementation of the endangered species management and inspection of endangered wildlife and plants in accordance with the laws and regulations issued by the Government and Convention International Trade in Endangered Species of Wild Fauna and Flora (CTIES) that Lao PDR is a member of Treaties as regarding to be an effective, both in suppressing, counteracting and resolving the issue on endangered species of wild fauna and flora

Prime Minister’s Order

1. To all ministries, concerned sectors and local authorities strengthen and adhere to the duties, scope of rights and responsibilities in according to the law, especially the laws and legislations relating to the management, inspection and enforcement of wildlife and plants species.
2. To stop hunting all wildlife species under the prohibited list (Category I) and stop the import, transit, export, purchase of prohibited wildlife and plants that life and non-life including parts, organs and products of wildlife under the prohibited list (Category I) as indicated in the Law on Wild Fauna and Flora Law of Lao PDR and CITES, for wildlife species under the control list (Category II) must be strictly managed in according to the laws and CITES) that Laos is a member of treaties.
3. Stop the establishment of prohibited wildlife farms (Category I) for business purposes, existing farms must be turn into open farms (SAFARI) or Zoo (ZOO) for conservation purposes and scientific research only. To establish of wildlife farms under control list (Category II) and general type (Category III) must be must be approved by the Ministry of Agriculture and Forestry on the following documents: a report on the management of the risk of extinction of such wildlife species, economic, technical, social and an environmental impact assessments.
4. Banned on trading and Export-Import of prohibited plants species without the permission of the concerned parties.
5. The Ministry of Agriculture and Forestry owns the research, promotion of the proliferation of prohibited plants species and the management of the prohibited plants species farms.
6. The Ministry of Agriculture and Forestry is a main focal point to collaborate with the relevant ministries, agencies and local authorities:

       6.1 Conduct an accounting survey and registration of adopted wildlife including parts and ivory

elephant products, elephant bones and  rhino's horn that are owned by individuals, legal entities and organizations. Products made from ivory, bones elephant and rhino's horn that are made of artificial or copied products which sold at different locations those are subject to inspection, seizure and disposal.

1. 2. Continue to inspect, collect, record, collect weapons of any kind, hunting equipment for destruction; disallow any individuals, legal entities and organizations to production, possession and distribution of all manner of hunting weapons and hunting equipment.
2.  3. To strictly on inspection to check patrolling at the sensitive borders, Entry-Exit borders, Economic Special Zone and other areas; if there is a violation or offense illegal wildlife on trade, migration of wildlife, parts and products and CITES, is to conduct an Investigation - Interrogation the perpetrators to the offender, In case that an interim prosecution shall be given to the investigating agency of the Forest Officer to investigate in accordance to Articles 53, 54 and 79 of the Criminal Procedure Law and Articles 59,60, 61 of the Wild Fauna and Flora Law. For the acquired goods to become the state-owned, if the wildlife is still alive or a piece of wildlife that can be retained after the completion of the proceedings, it must be given to Agriculture and Forestry Division (CITES International Management Division), if an inanimate piece of life or a piece of wildlife that cannot be stores (potentially damaged) must be destroyed.
3. 4. Strengthen the management, inspection, countermeasure and prevent hunting, trading, migration, importing, exporting, re-exporting, in transit of wildlife and prohibited plants species (Category I) and control list (Category II) of living and non-living, including animal parts, organs and products of wildlife as defined in the laws and regulations relating to Wild Fauna and Flora of the Lao PDR and CITES.

7. Assigned the Ministry of Agriculture and Forestry conduct inspection, list the target market and end trade of wildlife products such as bones, leather, horn, teeth, nails, beads and others including all kind of products and souvenirs made by all kind of wildlife at markets, hotels, Economic Special Zones, tourist places, airports, International border checkpoints and other destinations;
8. Assigned the Ministry of Nation Defence and Ministry of Public Security direct its line up to strictly inspect the export, import of wildlife and plants species at cross border areas and international borders, The authorities do not allow to permit or facilitate the export, import of wildlife and wild plants as specified in Article 3 of this Order. If it is found that can be arrest the offender as well as suspect and sent to the Forestry Investigation - Interrogation Agency proceeding under the laws and regulations strictly.
9. The Ministry of Finance direct the Customs Officer to strengthen the inspection, countermeasures and prevention, trading, moving, importing, exporting, re-export, transit of the wildlife and plants species prohibited list (Category I) and control list (Category II) of living and non-living, including animal parts, organs and products of wildlife as defined in the laws and regulations relating to Wild Fauna and Flora of the Lao PDR and CITES. If it is found that can be arrest the offender as well as suspect and sent to the Forestry Investigation - Interrogation Agency proceeding under the laws and regulations strictly.
10.  Assigned the Ministry of Agriculture and Forestry to coordinate with relevant sectors and local authorities at all levels to increase awareness on advertising, disseminating of relevant laws, especially the Law on Wild Fauna and Flora, and the legal documents related to the CITES.
11. Assigned the Ministry of Science and Technology to coordinate with the Ministry of Agriculture and Forestry and local authorities to investigate the wild flora and fauna of the CITES list to determine the status of each species, especially the Lao PDR's potential for trade as well as to develop plan on risk management for endangered species as information for report to the CITES secretariat.
12. The Ministry of Agriculture and Forestry and the Ministry of Science and Technology to improve the organization and personnel of the sector in charge of management (CITES MA) and Scientific Certification (CITES SA) in accordance to the CITES in order to be strength force and effectively coordination on the work.
13. To the ministries, concerned sectors and local authorities to improve coordination mechanisms for the inspection and monitoring the implementation of the CITES.
14. The Ministry of Agriculture and Forestry to collaborate with other Ministries, relevant sectors and local authorities shall implement this Order to be transparency and strictly and periodically report to the government for guidance on the implementation.
15. To the Ministers, Head of governor equivalent organizations, Vientiane and Provincial Governors have solid this order as well as to expand their duties in according to their owners detail responsibilities quickly and effectively. If any parties have violation of this Order that the head of the sectors or the local authorities shall responsible for the government and the laws.
16. This order is effective from the date of its signature. All Orders, Decisions, Notifications and legislations, including those issued by the Ministries, the government equivalent organizations and the local authorities which is against this Order that must be abolished.  

Prime Minister

(seal and signature)

Thongloun SISOULITH

#	Title	Download
1	Order on the Enhancement of the Strictness in the Administration and Inspection of Legally Prohibited Wild Fauna and Flora No. 05/PM, dated 08 May 2018	PDF
2	ຄຳສັ່ງ ວ່າດ້ວຍ ການເພີ່ມທະວີຄວາມເຂັ້ມງວດ ໃນການຄຸ້ມຄອງ ແລະ ກວດກາ ສັດປ່າ ແລະ ພືດປ່າ ປະເພດຫວງຫ້າມ ເລກທີ 05/ນຍ, ລົງວັນທີ 08 ພຶດສະພາ 2018	PDF

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