16 USC Ch. 95: ELIMINATE, NEUTRALIZE, AND DISRUPT WILDLIFE TRAFFICKING

From Title 16—CONSERVATION

CHAPTER 95—ELIMINATE, NEUTRALIZE, AND DISRUPT WILDLIFE TRAFFICKING

Sec.

7601.

Definitions.

SUBCHAPTER I—PURPOSES AND POLICY

7611.

Purposes.

7612.

Statement of United States policy.

SUBCHAPTER II—REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES

7621.

Report.

SUBCHAPTER III—FRAMEWORK FOR INTERAGENCY RESPONSE

7631.

Presidential Task Force on Wildlife Trafficking.

SUBCHAPTER IV—PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING CRISIS

7641.

Anti-poaching programs.

7642.

Anti-trafficking programs.

7643.

Engagement of United States diplomatic missions.

7644.

Community conservation.

§7601. Definitions

In this chapter:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and

(B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

(2) Co-Chairs of the Task Force

The term "Co-Chairs of the Task Force" means the Secretary of State, the Secretary of the Interior, and the Attorney General, as established pursuant to Executive Order 13648.

(3) Community conservation

The term "community conservation" means an approach to conservation involving local communities that recognizes the rights of local people to manage, or benefit directly and indirectly from wildlife and other natural resources in a long-term biologically viable manner and includes—

(A) devolving management and governance to local communities to create positive conditions for resource use that takes into account current and future ecological requirements; and

(B) building the capacity of communities for conservation and natural resource management.

(4) Country of concern

The term "country of concern" means a foreign country specially designated by the Secretary of State pursuant to section 7621(b) of this title as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which—

(A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or

(B) the government facilitates such trafficking through conduct that may include a persistent failure to make serious and sustained efforts to prevent and prosecute such trafficking.

(5) Focus country

The term "focus country" refers to a foreign country determined by the Secretary of State to be a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products.

(6) Defense article; defense service; significant military equipment; training

The terms "defense article", "defense service", "significant military equipment", and "training" have the meanings given such terms in section 2794 of title 22.

(7) Implementation Plan

The term "Implementation Plan" means the Implementation Plan for the National Strategy for Combating Wildlife Trafficking released on February 11, 2015, a modification of that plan, or a successor plan.

(8) National Strategy

The term "National Strategy" means the National Strategy for Combating Wildlife Trafficking published on February 11, 2014, a modification of that strategy, or a successor strategy.

(9) National wildlife services

The term "national wildlife services" refers to the ministries and government bodies designated to manage matters pertaining to wildlife management, including poaching or trafficking, in a focus country.

(10) Security force

The term "security force" means a military, law enforcement, gendarmerie, park ranger, or any other security force with a responsibility for protecting wildlife and natural habitats.

(11) Task Force

The term "Task Force" means the Presidential Task Force on Wildlife Trafficking, as established by Executive Order 13648 (78 Fed. Reg. 40621) and modified by section 7631 of this title.

(12) Wildlife trafficking

The term "wildlife trafficking" refers to the poaching or other illegal taking of protected or managed species and the illegal trade in wildlife and their related parts and products.

(Pub. L. 114–231, §2, Oct. 7, 2016, 130 Stat. 949; Pub. L. 117–263, div. E, title LIX, §5943(b), Dec. 23, 2022, 136 Stat. 3470.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, known as the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.

Executive Order 13648, referred to in pars. (2) and (11), is Ex. Ord. No. 13648, July 1, 2013, 78 F.R. 40621, which is set out as a note under section 1531 of this title.

Amendments

2022—Par. (3). Pub. L. 117–263, §5943(b)(1), inserted "involving local communities" after "approach to conservation" in introductory provisions.

Par. (4). Pub. L. 117–263, §5943(b)(2), amended par. (4) generally. Prior to amendment, text read as follows: "The term 'country of concern' refers to a foreign country specially designated by the Secretary of State pursuant to subsection (b) of section 7621 of this title as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which the government has actively engaged in or knowingly profited from the trafficking of endangered or threatened species."

Par. (11). Pub. L. 117–263, §5943(b)(3), substituted "section 7631" for "section 7621".

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 114–231, §1(a), Oct. 7, 2016, 130 Stat. 949, provided that: "This Act [enacting this chapter and amending section 1956 of Title 18, Crimes and Criminal Procedure, and section 1978 of Title 22, Foreign Relations and Intercourse] may be cited as the 'Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016'."

SUBCHAPTER I—PURPOSES AND POLICY

§7611. Purposes

The purposes of this chapter are—

(1) to support a collaborative, interagency approach to address wildlife trafficking;

(2) to protect and conserve the remaining populations of wild elephants, rhinoceroses, and other species threatened by poaching and the illegal wildlife trade;

(3) to disrupt regional and global transnational organized criminal networks and to prevent the illegal wildlife trade from being used as a source of financing for criminal groups that undermine United States and global security interests;

(4) to prevent wildlife poaching and trafficking from being a means to make a living in focus countries;

(5) to support the efforts of, and collaborate with, individuals, communities, local organizations, and foreign governments to combat poaching and wildlife trafficking;

(6) to assist focus countries in implementation of national wildlife anti-trafficking and poaching laws; and

(7) to ensure that United States assistance to prevent and suppress illicit wildlife trafficking is carefully planned and coordinated, and that it is systematically and rationally prioritized on the basis of detailed analysis of the nature and severity of threats to wildlife and the willingness and ability of foreign partners to cooperate effectively toward these ends.

(Pub. L. 114–231, title I, §101, Oct. 7, 2016, 130 Stat. 951.)

Editorial Notes

References in Text

§7612. Statement of United States policy

It is the policy of the United States—

(1) to take immediate actions to stop the illegal global trade in wildlife and wildlife products and associated transnational organized crime;

(2) to provide technical and other forms of assistance to help focus countries halt the poaching of elephants, rhinoceroses, and other imperiled species and end the illegal trade in wildlife and wildlife products, including by providing training and assistance in—

(A) wildlife protection and management of wildlife populations;

(B) anti-poaching and effective management of protected areas including community managed and privately-owned lands;

(D) wildlife trafficking investigative techniques, including forensic tools;

(E) transparency and corruption issues;

(F) management, tracking, and inventory of confiscated wildlife contraband;

(G) demand reduction strategies in countries that lack the means and resources to conduct them; and

(H) bilateral and multilateral agreements and cooperation;

(3) to employ appropriate assets and resources of the United States Government in a coordinated manner to curtail poaching and disrupt and dismantle illegal wildlife trade networks and the financing of those networks in a manner appropriate for each focus country;

(4) to build upon the National Strategy and Implementation Plan to further combat wildlife trafficking in a holistic manner and guide the response of the United States Government to ensure progress in the fight against wildlife trafficking; and

(5) to recognize the ties of wildlife trafficking to broader forms of transnational organized criminal activities, including trafficking, and where applicable, to focus on those crimes in a coordinated, cross-cutting manner.

(Pub. L. 114–231, title I, §102, Oct. 7, 2016, 130 Stat. 951.)

SUBCHAPTER II—REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES

§7621. Report

(a) Report

Not later than one year after October 7, 2016, and biennially thereafter by June 1 of each year in which a report is required, the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall submit to Congress a report that lists each country determined by the Secretary of State to be a focus country within the meaning of this chapter.

(b) Special designation

In each report required under subsection (a), the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall also list each country determined by the Secretary of State to be a country of concern within the meaning of this chapter ¹

(c) Procedure for removing countries from list

Concurrently with the first report required under this section and submitted after December 23, 2022, the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall publish in the Federal Register a procedure for removing from the list described in subsection (b) any country that no longer meets the definition of country of concern under section 7601(4) of this title.

(d) Sunset

This section shall cease to have force or effect on September 30, 2028.

(Pub. L. 114–231, title II, §201, Oct. 7, 2016, 130 Stat. 952; Pub. L. 117–263, div. E, title LIX, §5943(c)(1), Dec. 23, 2022, 136 Stat. 3470.)

Termination of Section

For termination of section on Sept. 30, 2028, see subsec. (d) of this section.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, known as the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 7601 of this title and Tables.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §5943(c)(1)(A), substituted "biennially thereafter by June 1 of each year in which a report is required" for "annually thereafter".

Subsec. (b). Pub. L. 117–263, §5943(c)(1)(B), substituted "shall also list each country determined by the Secretary of State to be a country of concern within the meaning of this chapter" for "shall identify each country of concern listed in the report the government of which has actively engaged in or knowingly profited from the trafficking of endangered or threatened species."

Subsecs. (c), (d). Pub. L. 117–263, §5943(c)(1)(C), added subsecs. (c) and (d) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: "This section shall terminate on the date that is 5 years after October 7, 2016."

¹ So in original. Probably should be followed by a period.

SUBCHAPTER III—FRAMEWORK FOR INTERAGENCY RESPONSE

§7631. Presidential Task Force on Wildlife Trafficking

(a) Responsibilities

In addition to the functions required by Executive Order 13648 (78 Fed. Reg. 40621), the Task Force shall be informed by the Secretary of State's annual report required under section 7621 of this title and considering all available information, ensure that relevant United States Government agencies—

(1) collaborate, to the greatest extent practicable, with the national wildlife services, or other relevant bodies of each focus country to prepare, not later than 90 days after the date of submission of the report required under section 7621(a) of this title, a United States mission assessment of the threats to wildlife in that focus country and an assessment of the capacity of that country to address wildlife trafficking;

(2) collaborate, to the greatest extent practicable, with relevant ministries, national wildlife services, or other relevant bodies of each focus country to prepare, not later than 180 days after preparation of the assessment referred to in paragraph (1), a United States mission strategic plan that includes recommendations for addressing wildlife trafficking, taking into account any regional or national strategies for addressing wildlife trafficking in a focus country developed before the preparation of such assessment;

(3) coordinate efforts among United States Federal agencies and non-Federal partners, including missions, domestic and international organizations, the private sector, and other global partners, to implement the strategic plans required by paragraph (2) in each focus country;

(4) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective support for anti-poaching activities, coordination of regional law enforcement efforts, development of and support for effective legal enforcement mechanisms, and development of strategies to reduce illicit trade and reduce consumer demand for illegally traded wildlife and wildlife products, and other relevant topics under this chapter;

(5) pursue programs and develop a strategy—

(A) to expand the role of technology for anti-poaching and anti-trafficking efforts, in partnership with the private sector, foreign governments, academia, and nongovernmental organizations (including technology companies and the transportation and logistics sectors); and

(B) to enable local governments to develop and use such technologies;

(6) consider programs and initiatives that address the expansion of the illegal wildlife trade to digital platforms, including the use of digital currency and payment platforms for transactions by collaborating with the private sector, academia, and nongovernmental organizations, including social media, e-commerce, and search engine companies, as appropriate;

(7)(A) implement interventions to address the drivers of poaching, trafficking, and demand for illegal wildlife and wildlife products in focus countries and countries of concern;

(B) set benchmarks for measuring the effectiveness of such interventions; and

(8) consider additional opportunities to increase coordination between law enforcement and financial institutions to identify trafficking activity; and

(9) coordinate or carry out other functions as are necessary to implement this chapter.

(b) Duplication and efficiency

The Task Force shall—

(1) ensure that the activities of the Federal agencies involved in carrying out efforts under this chapter are coordinated and not duplicated; and

(2) encourage efficiencies and coordination among the efforts of Federal agencies and interagency initiatives ongoing as of October 7, 2016, to address trafficking activities, including trafficking of wildlife, humans, weapons, and narcotics, illegal trade, transnational organized crime, or other illegal activities.

(c) Consistency with agency responsibilities

The Task Force shall carry out its responsibilities under this chapter in a manner consistent with the authorities and responsibilities of agencies represented on the Task Force.

(d) Task Force strategic review

One year after October 7, 2016, and biennially thereafter, the Task Force shall submit a strategic assessment of its work and provide a briefing to the appropriate congressional committees that shall include—

(1) a review and assessment of the Task Force's implementation of this chapter, identifying successes, failures, and gaps in its work, or that of agencies represented on the Task Force, including detailed descriptions of—

(A) what approaches, initiatives, or programs have succeeded best in increasing the willingness and capacity of focus countries to suppress and prevent illegal wildlife trafficking, and what approaches, initiatives, or programs have not succeeded as well as hoped; and

(B) which foreign governments subject to subsections (a) and (b) of section 7621 of this title have proven to be the most successful partners in suppressing and preventing illegal wildlife trafficking, which focus countries have not proven to be so, and what factors contributed to these results in each country discussed;

(2) a description of each Task Force member agency's priorities and objectives for combating wildlife trafficking;

(3) an account of total United States funding each year since fiscal year 2014 for all government agencies and programs involved in countering poaching and wildlife trafficking;

(4) an account of total United States funding since fiscal year 2014 to support the activities of the Task Force, including administrative overhead costs and congressional reporting;

(5) recommendations for how to improve United States and international efforts to suppress and prevent illegal wildlife trafficking in the future, based upon the Task Force's experience as of the time of the review; and

(6) an analysis of the indicators developed by the Task Force, and recommended by the Government Accountability Office, to track and measure inputs, outputs, law enforcement outcomes, and the market for wildlife products for each focus country listed in the report, including baseline measures, as appropriate, for each indicator in each focus country to determine the effectiveness and appropriateness of such indicators to assess progress and whether additional or separate indicators, or adjustments to indicators, may be necessary for focus countries.

(e) Termination of Task Force

The statutory authorization for the Task Force provided by this chapter shall terminate on September 30, 2028 ¹

(Pub. L. 114–231, title III, §301, Oct. 7, 2016, 130 Stat. 952; Pub. L. 117–263, div. E, title LIX, §5943(c)(2), (3), Dec. 23, 2022, 136 Stat. 3471.)

Editorial Notes

References in Text

Executive Order 13648, referred to in subsec. (a), is Ex. Ord. No. 13648, July 1, 2013, 78 F.R. 40621, which is set out as a note under section 1531 of this title.

Amendments

2022—Subsec. (a)(5) to (9). Pub. L. 117–263, §5943(c)(2), added pars. (5) to (8) and redesignated former par. (5) as (9).

Subsec. (d). Pub. L. 117–263, §5943(c)(3)(A)(i), substituted "biennially" for "annually" in introductory provisions.

Subsec. (d)(6). Pub. L. 117–263, §5943(c)(3)(A)(ii)–(iv), added par. (6).

Subsec. (e). Pub. L. 117–263, §5943(c)(3)(B), substituted "on September 30, 2028" for "5 years after October 7, 2016, or such earlier date that the President terminates the Task Force by rescinding, superseding, or otherwise modifying relevant portions of Executive Order 13648."

¹ So in original. Probably should be followed by a period.

SUBCHAPTER IV—PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING CRISIS

§7641. Anti-poaching programs

(a) Wildlife law enforcement professional training and coordination activities

The Secretary of State and the Administrator of the United States Agency for International Development, in collaboration with the heads of other relevant United States agencies and nongovernmental partners where appropriate, may provide assistance to focus countries to carry out the recommendations made in the strategic plan required by section 7631(a)(2) of this title, among other goals, to improve the effectiveness of wildlife law enforcement in regions and countries that have demonstrated capacity, willingness, and need for assistance.

(b) Sense of Congress regarding security assistance to counter wildlife trafficking and poaching in Africa

It is the sense of Congress that the United States should continue to provide defense articles (not including significant military equipment), defense services, and related training to appropriate security forces of countries of Africa for the purposes of countering wildlife trafficking and poaching.

(Pub. L. 114–231, title IV, §401, Oct. 7, 2016, 130 Stat. 954.)

§7642. Anti-trafficking programs

(a) Investigative capacity building

The Secretary of State and the Administrator of the United States Agency for International Development, in collaboration with the heads of other relevant United States agencies and communities, regions, and governments in focus countries, may design and implement programs in focus countries to carry out the recommendations made in the strategic plan required under section 7631(a)(2) of this title among other goals, with clear and measurable targets and indicators of success, to increase the capacity of wildlife law enforcement and customs and border security officers in focus countries.

(b) Transnational programs

The Secretary of State and the Administrator of the United States Agency for International Development, in collaboration with other relevant United States agencies, nongovernmental partners, and international bodies, and in collaboration with communities, regions, and governments in focus countries, may design and implement programs, including support for Wildlife Enforcement Networks, in focus countries to carry out the recommendations made in the strategic plan required under section 7631(a)(2) of this title, among other goals, to better understand and combat the transnational trade in illegal wildlife.

(Pub. L. 114–231, title IV, §402, Oct. 7, 2016, 130 Stat. 954.)

§7643. Engagement of United States diplomatic missions

As soon as practicable but not later than 2 years after October 7, 2016, each chief of mission to a focus country should begin to implement the recommendations contained in the strategic plan required under section 7631(a)(2) of this title, among other goals, for the country.

(Pub. L. 114–231, title IV, §403, Oct. 7, 2016, 130 Stat. 955.)

§7644. Community conservation

The Secretary of State, in collaboration with the United State Agency for International Development, heads of other relevant United States agencies, the private sector, nongovernmental organizations, and other development partners, may provide support in focus countries to carry out the recommendations made in the strategic plan required under section 7631(a)(2) of this title as such recommendations relate to the development, scaling, and replication of community wildlife conservancies and community conservation programs in focus countries to assist with rural stability and greater security for people and wildlife, empower and support communities to manage or benefit from their wildlife resources in a long-term biologically viable manner, and reduce the threat of poaching and trafficking, including through—

(1) promoting conservation-based enterprises and incentives, such as eco-tourism and stewardship-oriented agricultural production, that empower communities to manage wildlife, natural resources, and community ventures where appropriate, by ensuring they benefit from well-managed wildlife populations;

(2) helping create alternative livelihoods to poaching by mitigating wildlife trafficking, helping support rural stability, greater security for people and wildlife, responsible economic development, and economic incentives to conserve wildlife populations;

(3) engaging regional businesses and the private sector to develop goods and services to aid in anti-poaching and anti-trafficking measures;

(4) working with communities to develop secure and safe methods of sharing information with enforcement officials;

(5) providing technical assistance to support land use stewardship plans to improve the economic, environmental, and social outcomes in community-owned or -managed lands;

(6) supporting community anti-poaching efforts, including policing and informant networks;

(7) working with community and national governments to develop relevant policy and regulatory frameworks to enable and promote community conservation programs, including supporting law enforcement engagement with wildlife protection authorities to promote information-sharing; and

(8) working with national governments to ensure that communities have timely and effective support from national authorities to mitigate risks that communities may face when engaging in anti-poaching and anti-trafficking activities.

(Pub. L. 114–231, title IV, §404, Oct. 7, 2016, 130 Stat. 955.)