| Update | Copy | Delete |
| Record identifier: | TIM-000892 |
| Record status: | C |
| Country: | Uganda [UGA] |
| Faolex ID: | LEX-FAOC192396 |
| In force: | Y |
| Sector: | WE-Environment/Wildlife |
| Type of text: | LE-Primary Legislation: Act/Law/Order |
| Date of Text: | 2019-07-01 |
| Title: | Uganda Wildlife Act, 2019. |
| Reference: | Arts. 62-63; 75-76; 78 |
| Measures: | Art.62 Import, export or re-export permit. (1) The CITES Management Authority on the advice of the CITES Scientific Authority may issue to any person a permit in a prescribed form to import, export or re-export any wildlife species or wildlife specimen. (2) A person who imports, exports or re-exports or attempts to import, export or re-export any species or specimen: (a) without a permit; or (b) without passing through a designated customs post or port; commits an offence (3) A person who is convicted of an offence under this section or under regulations made under section 63 is liable to a fine not exceeding ten thousand currency points or to life imprisonment or both. Art.63 Additional restriction on import export, transit or re-export of specimen. (1) The Minister may, after consulting the Minister responsible for trade, make regulations imposing additional restrictions on import, export, re-export or transit of wildlife species or wildlife specimen. (2) A person who contravenes the regulations made under subsection (1) commits an offence. Art.75 Seized good may be subject to forfeiture order. (1) If an art. the ownership of which requires registration under any written law is seized as a result of an offence under this Act and the person responsible is unknown and cannot be found for the purpose of charging him or her with the offence or, having been charged, fails to appear to answer the charge, the Executive Director may apply to the court for a declaration of forfeiture. (2) Upon an application under subsection (1), the court shall make a conditional order of forfeiture in the prescribed form, and the provisions of sections 76(2), (3), (4), (5), (6), (7) and (8) shall apply. Art.76 Forfeiture of profits from illegal trade. (1) Where a person has been convicted of an offence involving illegal trading in wildlife or wildlife specimen, including the killing of a wild animal, removal of a protected plant from its natural habitat and removal of an egg from its nest or other natural habitat as a part of a process of illegal trading, the court may, in addition to a penalty imposed and any order for forfeiture made under this Act, if it is satisfied by evidence given in court that the convicted person is, and has been for some time, notwithstanding that he or she has not been convicted, a person who habitually or on a continuing basis engages in the illegal trading of wildlife or wildlife specimen: (a) order the convicted person to disclose his or her assets to the court; (b) cause a valuation of those assets to be made by a valuer appointed by the court;(c) determine and declare what proportion of those assets are to be taken as obtained through illegal trading of wildlife and wildlife specimens; (d) order that the proportion determined and declared under paragraph (c) (i) if it is money, be forfeited to the Authority; or (ii) if it is any other form of asset, be sold and the proceeds of the sale be forfeited to the Authority. (2) Where a person ordered by the court under subsection (1) to disclose his or her assets- (a) fails to do so within the time required or at all; (b) makes a false declaration of disclosure; (c) obstructs or causes a person to obstruct- (i) the making of a valuation of the assets declared or otherwise; (ii) the gathering of the assets for their disposal through sale or otherwise; (iii) the sale or other disposal of the assets; or (iv) the handing over of the proceeds of the sale of the assets or forfeited monies to the Authority, he or she commits an offence. (3) A person convicted of an offence under subsection (2) shall be liable to a punishment of a term of imprisonment of- (a) not less than the term of imprisonment to which he or she has been sentenced for the offence of or in connection with illegal trading in wildlife or wildlife specimens; or (b) not less than three years, whichever is the longer period. (4) A sentence of imprisonment imposed by the court under subsection (3) shall not discharge an obligation imposed by this section on a convicted person to disclose his or her assets. (5) An asset transferred by a person to which this section applies, after or at the time of the arrest of that person, to, or which is held on behalf of that person by, a member of the family of or a business associate of that person, shall be presumed to be an asset of that person and this section shall apply to that asset as if it remained under the control of that person. (6) A person or organisation, in possession of or having any form of control or authority over any asset to which this section applies shall cooperate with and assist the court and a person and authority acting under the directions of the court to implement this section. (7) A person to whom subsection (6) applies, including a person in authority in an organisation to which subsection (6) applies, who does not comply with or obstructs the application of subsection (6) commits an offence. (8) The provisions of any legislation applicable to banks and other financial organisations relating to the confidentiality of clients' accounts and other business shall not apply to any assets to which this section applies. Art.78 Disposal of specimen by the Executive Director: (1) Where the Executive Director takes possession of a confiscated specimen, domestic animal or article, he or she shall cause receipt of the confiscated specimen, domestic animal or ART.to be recorded in the prescribed register and shall safeguard it until it is disposed of under this section. (2) Where the Executive Director takes possession of a dead specimen of a protected species, he or she may with approval of the Board and in consultation with CITIES Management Authority- (a) destroy the specimen; (b) donate the specimen, with or without requiring payment, to a recognised scientific or educational institution; (c) sell it in whole or in part; or (d) retain the specimen in his or her official custody either permanently or pending disposal in accordance with paragraph (a), (b) or (c) of this subsection. (3) Where the Executive Director takes possession of a live specimen of a wild species and the specimen is, in his or her opinion, capable of normal survival in its natural habitat, he or she shall cause the specimen to be returned to that habitat, except that if the specimen, in the opinion of the Executive Director, requires to be withheld temporarily from the wild for the purpose of better ensuring its eventual survival, the Executive Director may direct that the specimen be withheld. (4) Where the Executive Director takes possession of any live specimen of a protected species and the specimen is, in his or her opinion, incapable of normal survival in its natural habitat, he or she may (a) donate the specimen, with or without requiring payment, to a recognised educational, zoological, botanical or scientific institution; (b) retain the specimen in his or her official custody either permanently or pending disposal in accordance with paragraph (a); or (c) order the destruction of the specimen. (5) Where the Executive Director takes possession of- (a) a live protected animal which is, in his or her opinion, incapable of normal survival in its natural habitat; (b) the specimen of a protected plant or animal; or (c) a live domestic animal, he or she shall dispose of the specimen as he or she considers fit, except that if disposal is by sale, sums received shall be payable in accordance with Part XI. |
| Activity: | CN-Conservation; IN-International Trade |
| Type of forest: | GE-General |
| Target subject: | GE-General; PS-Protected species |
| III. Processing, Transport and Trade: | issuance of import, export and re-export permits of CITES-listed species |