Article III

Ordering Information

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Section 3.2 International Orders and CITES. At the current time, DeValmont cannot accept international orders pursuant to Articles III(1)(a)-(d) and X of the Convention on International Trade of Endangered Species Act (hereto referred to as "CITES") for parties residing in a State which is a Party to the present Convention nor for parties residing in a State which is not a Party to the present Convention.

(a) Export to Parties Residing in a State which is a Party to the Present Convention. DeValmont have not applied for the necessary permits to allow DeValmont to export plants of Division Spermatophyta, Order Orchidales, Family Orchidaceae, Subfamily Cypripedioideae Tribe Paphiopedilum and Phragmipedium, both of which are included in Appendix I of CITES to parties residing in a State which is a Party to the Present Convention. The permit application procedures, which DeValmont have not applied for, are quoted (Article III(1)(a)-(d)) in Section 3.2(b) - (c) below:

"[T]he export of any specimen of a species included in Appendix I shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

(b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora;

(c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and

(d) a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen."

(b) Export to Parties Residing in a State which is not a Party to the Present Convention. DeValmont have not applied for the necessary permits to allow DeValmont to export plants of Division Spermatophyta, Order Orchidales, Family Orchidaceae, Subfamily Cypripedioideae Tribe Paphiopedilum and Phragmipedium, both of which are included in Appendix I of CITES to parties residing in a State which is not a Party to the Present Convention. The permit application procedures, which DeValmont have not applied for, are quoted ( Article X) in Section 3.2(b) below:

"[W]here export or re-export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party."