The Endangered Species (Import and Export) Act is Singapore’s national legislation that gives effect to CITES ( the Convention on International Trade in Endangered Species of Wild Fauna and Flora) to control import and export of endangered species in Singapore.
Anyone found trafficking, trading in or possessing CITES-listed species without permits can be prosecuted under the Endangered Species (Import and Export) Act.
For many years, ACRES raised concerns over loopholes in the previous 2005 Endangered Species (Import and Export) Act.
Our main concern was that under the existing Act, penalties for offenders were allocated on a per species basis. This meant that even if a trader illegally trafficked or traded in thousands of animals or animal parts of one prohibited species, he or she would only be fined once for that one species, and not for every animal/animal part. This of course encouraged the trafficking or trading of large number of animals or animal parts at a time, as even if the trader was caught he would face a maximum fine of $5000 and/or a one year jail term. If he did not get caught, he would have a large number of animals/animal parts to sell, so the benefits of getting away with smuggling or trading in the animals/animal parts outweighed the risk of getting caught.
ACRES also felt that the penalties under the existing Act (a maximum $5,000 fine and/or a one year jail term) were not sufficient to deter people from engaging in the highly lucrative business of trafficking and trading in wild animals.
In a letter sent in September 2005 to the Minister of National Development, who oversees animal protection in Singapore, ACRES wrote: “Based on our experience over the past years, we urgently request that the Ministry of National Development amend the Endangered Species Act as it is clear that the current penalties do not act as a deterrent against the trafficking of protected species. ACRES believes that the main loophole in this Act is that it is based on a per species basis. As such, all a trafficker has to do is traffic only one species at a time and the penalties would be minimal. ACRES proposes to amend this Act to a per animal basis and, for wildlife parts, a per kilogram basis.” We further wrote that: “Interpol estimates worldwide trade in contraband wildlife at five to seven billion U.S. dollars annually, second only to drug trafficking. Wildlife trafficking is an extremely serious crime affecting the international community. Enforcement of legislation governing this trade should be parallel to how Singapore treats drug smuggling.”