Re: Smuggling

Sean Barry (sjbarry@ucdavis.edu)
Fri, 1 Mar 1996 10:44:08 -0800 (PST)

On Fri, 1 Mar 1996 Guido.J.Braem@bio.uni-giessen.de wrote:

>
> Just a few more comments:
>
> Sean Barry: I believe you made the posting in good faith. However, I cannot
> quite accept your explanation (snip) and I wished you would have
> at least taken the name out of the message.
>

Sorry--I simply forwarded the USFWS release verbatim. At least in this
country people accused of a crime are always identified, for several
reasons. The most important of these is that it precludes the
"authorities" from acting in secrecy, arresting people on trumped-up
charges, locking people away indefinitely without trial. Remember, if the
accused isn't identified, then neither does the arrest or the trial have
to be. The other important reason for identification is that it provides
opportunity for others with information about the case or the accused to
come forward, possibly to add further evidence against the accused,
possibly to exonerate him/her. I'm sorry for the problems you have had
with CITES regulations (remember that there are no CITES
authorities--those who enforce CITES regulations are usually the wildlife
authorities of the signatory nations, not normally Customs officers). If
what you have recounted is true in all details, it sounds like CITES is
being improperly enforced in your country. (With your permission I will
forward your story (with your name deleted) to the CITES mailing list for
comment from the list authorities, which include various enforcement
agencies as well as CITES counsel). It is true that affected museum
specimens require CITES documentation to be shipped internationally, but
this is something that the originating institution normally arranges. If
they didn't and won't, then you need to examine specimens on the premises
of the museum, not by shipment. Also, what museum loans type material?
Normally, type material is much too valuable to be shipped anywhere. I
would be most interested in hearing about any museum that does that
routinely, particularly to individuals. Finally, if the laws of your
country enforce CITES so incorrectly, perhaps the scientific community in
your country should work with the enforcement authorities to amend those
rules to allow scientists the opportunity for free exchange of material.
This has been done here, and museums that ship CITES material have permits
to do so. They also identify and declare the package contents in transit,
not only to play by the rules but for safety reasons. Failure to do that
at the international border constitutes smuggling, the intent to defraud,
a particularly blatant example of which is what started this thread.

Sean Barry