President Biden is considering new prohibitions on imports from China following a Pelly amendment certification that Chinese nationals are engaging in trade or taking of pangolins that diminishes the effectiveness of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The Biden administration is seeking public comments no later than Nov. 14 on whether such prohibitions should be imposed; if so, what the scope and product coverage should be; and whether actions other than import prohibitions should be considered.
According to a joint federal agency notice, since 2017 all species of pangolin have been included in Appendix I of CITES, which lists species threatened with extinction that are or may be affected by trade. With limited exceptions, CITES prohibits international trade for primarily commercial purposes in Appendix I-listed species.
However, the White House has said that while China has taken some steps to curtail pangolin trafficking, concerns remain about the significant demand for pangolin scales in China, which allows for the legal commercial trade of pangolin scales for medicinal use from national stockpiles. The president further stated that China must do more to close domestic markets for pangolins and pangolin specimens that provide cover for the illegal market.
Because discussions with China on this issue have been “insufficient” to address these concerns, the president is now considering whether to direct the Treasury Department to prohibit the importation of certain products from China as part of a broader effort to “effect meaningful results in the effort to conserve pangolin populations and eliminate illegal trade in pangolins.” Any import prohibitions ultimately imposed would remain in effect until the president determines that they no longer are appropriate or until the Pelly amendment certification is terminated.
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