[Weekly Compilation of Presidential Documents Volume 30, Number 15 (Monday, April 18, 1994)]
[Pages 781-783]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Letter to Congressional Leaders on Rhinoceros and Tiger Trade by China 
and Taiwan

April 11, 1994

Dear Mr. Speaker:  (Dear Mr. President:)

    On November 8, 1993, I reported pursuant to section 8(b) of the 
Fishermen's Protective Act of 1967, as amended (Pelly Amendment) (22 
U.S.C. 1978(b)), on the issue of ongoing illegal trade by the People's 
Republic of China (PRC) and Taiwan in rhinoceros and tiger parts and 
products. My report followed the certification by the Secretary of the 
Interior on September 7, 1993, that this trade was diminishing the 
effectiveness of the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES). Five rhinoceros species and the 
tiger are listed in Appendix I of CITES, which means that the species 
are threatened with extinction and no trade for commercial purposes is 
allowed. The report suggested actions that the PRC and Taiwan could take 
that would demonstrate their commitment to the elimination of the trade, 
and stated that the United States is prepared, through close dialogue 
and technical aid, to assist them in their efforts. However, the report 
concluded

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that, if measurable, verifiable, and substantial progress were not made 
by March 1994, import prohibitions will be necessary, as recommended by 
the CITES Standing Committee. This letter provides an update of the 
situation since November 1993.
    The world's tiger and rhinoceros populations remain gravely 
endangered and will likely be extinct in the next 2-5 years if the trade 
in their parts and products, fueled by market demand in consuming 
countries, is not eliminated. The suggested actions in my November 8 
report, based on criteria established by CITES for adequate legislative 
measures and enforcement in the PRC and Taiwan that effectively 
eliminates the trade, were further amplified in letters dated December 
21, 1993, from the Secretary of the Interior, and by three CITES and 
U.S. delegation visits to the PRC and Taiwan from November 1993 to March 
1994. However, at its most recent meeting last week, the CITES Standing 
Committee did not revoke its earlier recommendation that parties 
consider stricter domestic measures up to and including prohibition in 
trade in wildlife species now against the PRC and Taiwan. The Committee 
also noted ``with satisfaction the progress demonstrated by China'' but 
``that further actions are still needed,'' and expressed ``concern that 
the actions agreed by the authorities in Taiwan . . . towards meeting 
the minimum requirements have not yet been implemented.'' Taking these 
factors into account, I have made the following assessment and decision 
for action by the United States.
    The PRC has consolidated much of its stocks of rhinoceros and tiger 
parts and products. The PRC has used radio, television, newspaper, and 
poster announcements--as well as burnings of rhino horn and tiger bone--
to educate its population on new laws and the need to protect wildlife. 
In addition, large enforcement efforts were made, netting many 
prosecutions and seizures.
    However, more still needs to be done. Both the CITES and U.S. 
delegations that visited the PRC since November concluded that an 
investigative unit in addition to existing Ministry of Forestry Police 
and Public Security Forces would be unnecessary, but that better 
training in enforcement and forensics are crucial to effectively 
eliminate the trade in endangered species in the PRC. In addition, 
further efforts are needed to develop cooperation on a regional basis. 
Accordingly I have instructed the Department of the Interior, in 
coordination with the Departments of State, Justice, and the Treasury 
(Customs Service), to further explore with the PRC possibilities for 
U.S. technical and law enforcement assistance.
    As a result of the PRC's progress in the key areas identified in my 
November 8 report, I have decided that import prohibitions are not 
warranted at this time. At the same time, since progress has not been 
sufficient to warrant the lifting of the Pelly Amendment certification, 
the Secretaries of State and the Interior, in consultation with the 
Departments of Justice and the Treasury (Customs Service), will continue 
discussions with PRC officials and jointly seek to identify next steps 
to assure continued progress and opportunities for international 
cooperation that will help eliminate the trade. I have also directed the 
Interagency Rhino/Tiger Task Force to continue to monitor progress in 
the PRC so that a review of the situation and an appropriate response 
can be made in December 1994.
    Because Taiwan's constitutional provisions are understood to prevent 
the consolidation of stocks of tiger and rhinoceros parts and products, 
Taiwan made an effort to identify, register, and mark these stocks on a 
voluntary basis. However, this effort has only located one-third of the 
stocks voluntarily registered in a 1990 initiative. Draft amendments to 
Taiwan's Wildlife Conservation Law making registration of stocks 
mandatory and enforceable--including limited penalties for 
noncompliance--were transmitted to Taiwan's legislative body, but have 
not yet been enacted. An investigative unit was recently funded and 
equipped, and training sessions have been held for the relevant officers 
on part-time assignment. These units have made some arrests of people 
caught selling rhinoceros and tiger parts. However, prosecutions 
resulting from enforcement actions have been limited by concerns 
regarding the use of undercover investigations.
    The most pressing outstanding action is final enactment of adequate 
amendments to

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Taiwan's Wildlife Conservation Law. It is not yet clear whether the 
current proposed amendments will satisfactorily address the illegal 
trade in wildlife specimens and products. Furthermore while enacting 
amendments is necessary, such enactments alone are not sufficient. 
Enforcement efforts must effectively accomplish major reductions in the 
illegal trade in endangered species. Accordingly I instructed the 
Department of the Interior, in coordination with the Departments of 
State, Justice, and the Treasury (Customs Service) and the American 
Institute in Taiwan, to continue to explore with Taiwan possible U.S. 
technical and law enforcement assistance. I have also directed the 
Interagency Rhino/Tiger Task Force to continue to monitor progress in 
Taiwan so that a review of the situation and an appropriate response can 
be made in December 1994.
    As a result of Taiwan's lack of progress in the key areas identified 
in my November 8 report, I have decided to follow the recommendation of 
the CITES Standing Committee and direct that imports of wildlife 
specimens and products from Taiwan be prohibited, in accordance with 
appropriate public notice and comment procedures. While the Pelly 
Amendment provides the authority to impose a greater level of import 
prohibitions, I believe that this level is appropriate at this time. 
Depending on future progress, these import prohibitions could be 
adjusted as appropriate. The enactment of adequate legislation coupled 
with enforcement actions that result in reductions in the illegal trade 
in rhinoceros and tiger parts would be grounds for an immediate 
reconsideration of the decision.
    Sincerely,
                                            William J. Clinton

Note: Identical letters were sent to Thomas S. Foley, Speaker of the 
House of Representatives, and Albert Gore, Jr., President of the Senate.