What You Need to Know About a U.S. Fish and Wildlife Service Import/Export License - U.S. Entities Import/Export (I/E) Licenses are issued only by the U.S. Fish and Wildlife Service (FWS) Office of Law Enforcement (OLE) and are issued to entities (companies or individuals) before they commercially import into or export from the United States shipments containing wildlife (including their parts and products). You should review Title 50 of the Code of Federal Regulations (CFR) Parts 10, 13, and 14. You are responsible for reviewing and understanding these regulations before importing or exporting. When do I need to obtain my I/E License? You are required to obtain your I/E License prior to commercially importing into or exporting from the United States shipments containing wildlife, their parts or products. How do I use my I/E License? Once an I/E License is issued to your company, you will ensure that a copy of the I/E License is provided with each Declaration for Importation or Exportation of Fish or Wildlife (Form 3- 177) document package submitted to FWS/OLE at time of shipment import or export. If you use a Customshouse broker to file with FWS/OLE, you should ensure that they have a copy of your I/E License to submit with your declaration package. What is “wildlife”? The Endangered Species Act (ESA) (16 U.S.C. §§ 1531-1544) defines the term “fish or wildlife” as “any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof.” What is “commercial”? Commercial means related to the offering for sale or resale, purchase, trade, barter, or the actual or intended transfer in the pursuit of gain or profit, of any item of wildlife and includes the use of any wildlife article as an exhibit for the purpose of soliciting sales, without regard to quantity or weight. There is a presumption that eight or more similar unused items are for commercial use. The Service or the importer/exporter may rebut this presumption based upon the particular facts and circumstances of each case (50 CFR 14.4). Do I need an I/E License if I have any other FWS issued permits? I/E Licenses are separate from any other permit that is issued by FWS (CITES, endangered species, migratory bird, etc.). Other FWS permits do not replace the necessity for an I/E License if you are importing/exporting wildlife shipments for commercial purposes. 3-200-3a Revised December 2016 Page 1 of 13 DO I NEED AN IMPORT/EXPORT LICENSE? I ship my items only within the U.S. or its Territories. No. If you exclusively trade domestically within a State or U.S territory or between 2 States or U.S territories, you do not need an I/E License. However, even though an I/E License is not required for your activity, you should check the regulations to determine if your shipment requires any other type of permission from FWS (inter-state transport, possession, etc.) Which animals are exempt from I/E License requirements?  Certain domesticated animals (see table below): FWS has a specific list of animals exempt from FWS import/export license regulations. However, if the specimens are obtained from wild populations (example: feral goats or pigs), or otherwise require a permit under 50 CFR Parts 15 (Wild Bird Conservation Act), 16 (Injurious Wildlife), 17 (Endangered Species), 18 (Marine Mammals), 21 (Migratory Bird), 22 (Bald and Golden Eagle), or 23 (Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)), then they fall under FWS jurisdiction and all importation, exportation, and transportation of wildlife regulations under 50 CFR 14 apply. Current List of domesticated species found at 50 CFR 14.4 Mammals: Birds: Alpaca—Lama alpaca; Chicken—Gallus domesticus; Camel—Camelus dromedarius; Ducks & geese—domesticated varieties; Camel (Boghdi)—Camelus bactrianus; Guinea fowl—Numida meleagris; Cat (domestic)—Felis domesticus; NOTE: Does not include Peafowl—Pavo cristatus; NOTE: this species is no longer treated exotic cat hybrids as a domesticated species by FWS due to the recent listing on Cattle—Bos taurus; Appendix III of CITES. Dog (domestic)—Canis familiaris; NOTE: Does not include Pigeons (domesticated)—Columba livia domestrica; specimens crossed with wolf, coyote, fox or any other canid Turkey—Meleagris gallopavo; European rabbit—Ortyctolagus cuniculus; Mallards – Domesticated or Barnyard: Ferret (domestic)—Mustela putorius; Pekin; Aylesbury; Bouen; Cayuga; Goat—Capra hircus; Gray Call; White Call; East Indian; Horse—Equus caballus; Crested; Swedish; Buff Orpington; Llama—Lama glama; Indian Runner; Campbell; Duclair; Pig—Sus scrofa; Merchtem; Termonde; Magpie; Sheep—Ovis aries; Chinese; Khaki Campbell. Water buffalo—Bubalus bubalus; White lab mice—Mus musculus; White lab rat—Rattus norvegicus. Fish (For export purposes only): Insects: Carp (koi)—Cyprinus carpio; Crickets, mealworms, honeybees (not to include Africanized Goldfish—Carassius auratus. varieties), and similar insects that are routinely farm raised. Other Invertebrates: Earthworms and similar invertebrates that are routinely farm raised.  Shellfish and nonliving fishery products that do not require a permit under 16 (Injurious Wildlife), 17 (Endangered Species), or 23 (CITES) for human or animal consumption. (NOTE: Live shellfish imported or exported for grow out or rearing facilities nor are not considered to be an import or export for human or animal consumption);  Live farm-raised fish and farm-raised fish eggs that do not require a permit under 16, 17, or 23 (listed above) that meet the definition of “bred in captivity” (50 CFR 17.3). 3-200-3a Revised December 2016 Page 2 of 13 Which animals are exempt from I/E License requirements (continued)?  Exports of live aquatic invertebrates of Class Pelecypoda that do not require a permit under 16, 17, or 23 (listed above) for the purpose of propagation or research related to propagation.  Pearls – unless they come from or are cultivated using any piece or part of a shellfish protected under CITES (23) or listed as endangered or threatened (17). If your pearls are shipped in the shells, be aware that the outside shell is not exempt. I ship internationally items for personal use. No. A FWS I/E License is not required for personal use. Personal use means use that is for an individual’s own consumption or enjoyment and not for commercial use. Examples below are not a complete list:  Hobbyists, unless wildlife is for sale, trade, or barter  Personal Pets  Tourist souvenirs  Personally sport-hunted trophies imported or exported by the hunter  Fish taken for recreational purposes However, even though an I/E License is not required for your activity, you should check the regulations to determine if your shipment requires any other type of permission from FWS (designated port exception permit, inter-state transport, possession, etc.) I ship internationally for non-commercial scientific or educational purposes. No. Wildlife imported or exported for bona fide scientific or educational purposes is typically exempt from FWS import/export license regulations. This includes general public (as defined in 50 CFR 10.12) scientific or educational institutions that are maintained and operated as a governmental service or are privately endowed and organized but not operated for profit. FWS has specific definitions for scientist and scientific institution (50 CFR 14.4). Examples below are not a complete list:  Museum to museum exchange of accessioned specimens  Researcher importing specimens for university study If for commercial scientific or educational purposes, then an I/E License is required. However, even though an I/E License is not required for your activity, you should check the regulations to determine if your shipment requires any other type of permission from FWS (CITES, designated port exception permit, inter-state transport, possession, etc.) I ship internationally for non-commercial exhibition purposes. No. Wildlife imported or exported for non-commercial exhibition purposes with the intent to return to originating country is exempt from FWS import/export license regulations. Examples below are not a complete list:  Public museum importing a traveling exhibition  Orchestras travelling internationally  Personal pets for 4H, country fairs, etc. If for commercial exhibition purposes (e.g., museum leases an exhibition to display), then a FWS I/E License is required. 3-200-3a Revised December 2016 Page 3 of 13 However, even though an I/E License is not required for your activity, you should check the regulations to determine if your shipment requires any other type of permission from FWS (CITES, designated port exception permit, inter-state transport, possession, etc.) I ship internationally for my Federal, State, tribal, or municipal agency. No. Wildlife imported or exported by these governmental agencies for non-commercial purposes is exempt from FWS I/E License regulations. Examples below are not a complete list:  Agency exporting native bird eggs to another country for re-introduction  Agency importing insects for disease research If for commercial purposes (e.g., State buying stock fish from another country), an I/E License is required. However, even though an I/E License is not required for your activity, you should check the regulations to determine if your shipment requires any other type of permission from FWS (designated port exception permit, inter-state transport, possession, etc.) I am a Customshouse broker, freight forwarder, or common carrier. No. Customshouse brokers, freight forwarders, and common carriers engaged in business as dispatcher, handler, consolidator or transporter of wildlife, or filing documents with FWS on behalf of others. No I/E License is required for your activity NOTE: You may not apply for an I/E License on behalf of your client. The FWS Importer/Exporter is required to apply for and obtain their license (and renewal) themselves and provide your company with a copy of the valid license if you are filing declarations with FWS/OLE on behalf of your client. I am a U.S. shipment consolidator.  No. If your business solely provides a service in which a number of smaller shipments belonging to third parties are combined and shipped together to benefit from better freight rates and security of cargo, you do not need an I/E License.  Yes, if you are a shipping/handling company that consolidates shipments for foreign entities shopping U.S. stores via the internet (e.g., the shipments are sent to your facility and you open the package for inspection of damage/accuracy prior to shipping to your foreign client), you would be required to obtain an I/E License. The invoices and shipping documents would be in your name going to your foreign client. If you are unsure if you fit either of these scenarios, contact a wildlife inspector at the FWS port closest to you: https://www.fws.gov/le/inspection-offices.html I am a U.S. internet sales fulfillment center. Yes. If you are an internet sales fulfillment center that maintains and ships inventory that contains wildlife from your warehouse/distribution center(s) directly to foreign buyers, you will need an I/E License. The invoices and shipping documents would be in your name going to your foreign client. 3-200-3a Revised December 2016 Page 4 of 13 I am a U.S. internet sales fulfillment center (continued). Yes. If you are a boutique who sells through an internet marketplace and direct ships from your location to your foreign client, you will need to obtain an I/E License. The invoices and shipping documents would be in your name going to your foreign client. If you are an internet sale fulfillment center located outside the U.S., please refer to information on form 3-200-3b. If you are unsure if you fit either of these scenarios, contact a wildlife inspector at the FWS port closest to you: https://www.fws.gov/le/inspection-offices.html I am a foreign supplier shipping to a U.S. importer. No. The FWS I/E License is restricted to those entities who are importing into or exporting from the United States or its territories. If a foreign supplier is only shipping FWS regulated items to the United States, it is the U.S. importer’s responsibility to obtain an I/E License if the shipment is for commercial purposes. Examples below are not a complete list:  Foreign company ships to U.S. company  Foreign company ships to individual  Foreign taxidermist, outfitter or guide ships to U.S. hunter However, if a foreign supplier is bringing FWS regulated items with them into the U.S. (e.g., packed in accompanying baggage for a trade show), then they are considered the U.S. importer and must be licensed and designate a U.S. Agent (See Form 3-200-3b). I am a foreign consignee receiving from a U.S. exporter. No. The FWS I/E License is restricted to those entities who are importing into or exporting from the United States or its territories. If a foreign entity is only receiving FWS regulated items from the United States, it is the U.S. exporter’s responsibility to obtain an import/export license if the shipment is for commercial purposes. Examples below are not a complete list:  Foreign company receives from U.S. company  Foreign company receives from U.S. individual However, if a foreign entity is carrying FWS regulated items with them from the U.S. (e.g., packed in accompanying baggage), then they are considered the U.S. exporter and must be licensed and have a U.S. Agent (See Form 3-200-3b). I ship internationally for commercial purposes. Yes. Commercial means related to the offering for sale or resale, purchase, trade, barter, or the actual or intended transfer in the pursuit of gain or profit, of any item of wildlife and includes the use of any wildlife article as an exhibit for the purpose of soliciting sales, without regard to quantity or weight. There is a presumption that eight or more similar unused items are for commercial use. The Service or the importer/exporter may rebut this presumption based upon the particular facts and circumstances of each case. Examples below are not a complete list:  Hobbyist – killifish/beta club members, exotic hybrid breeders  Auction house  Internet Fulfillment Center 3-200-3a Revised December 2016 Page 5 of 13  Circuses or animal acts  U.S. taxidermist importing from foreign owners requesting their services  U.S. taxidermist exporting to foreign owners that requested their services  Museum/University/Zoo importing items to sell in their gift shop.  Sells vaccines, etc. made from imported wildlife  Leasing animals or exhibits for display purposes  Labs that charge fees for performing analysis  Samples to solicit sales  State agency buying wildlife to release into their state  Foreign company traveling to the U.S. to sell/deliver goods I am unsure if I fit any of these categories. Contact a wildlife inspector at the FWS port closest to you: https://www.fws.gov/le/inspection-offices.html OTHER INFORMATION Can anyone apply for an I/E License? You must be at least 18 years of age in order to obtain an I/E License. Can I have an I/E License if I don’t import or export? There is no reason for you to have an I/E License if you do not commercially import or export. This document does not convey any rights, benefits, or privileges beyond authorizing you to engage in business as an importer or exporter of wildlife. The I/E License is not recognized outside the United States. Renewals will be reviewed for import/export activity. Can I have more than one I/E License? Only 1 I/E License is allowed for a business. Do I need an I/E License for each of my locations? No. Only 1 I/E License will be issued to a business regardless of the number of store locations. The I/E License will normally be issued to the Company’s headquarters; the invoices will show the bill to headquarters location, but ship to distribution center or whichever specific store ordered the goods. My company has a dba (doing business as). What do I do? You should apply for your I/E License under the name listed as dba. All your invoices and shipping documents will be in dba name and must match your I/E License. (e.g., New Age Importer dba Classic Importer – the I/E License will be issued to ‘Classic Importer’ because all of the invoices and shipping documents will indicate ‘Classic Importer’ name and address). I own 2 businesses, can I get an I/E License for both? We do not issue separate licenses to essentially the same business, even if the company names are different, factors we consider are IRS numbers, same principal officer, same address, same telephone number, same client list, same location of records and inventories, using the same plant/warehouse and equipment; using the same employees, etc. Records and inventories cannot be co-mingled. One business cannot use the other’s business inventories to complete orders. 3-200-3a Revised December 2016 Page 6 of 13 Can I let someone else use my I/E License? No. I/E Licenses are not transferable. The documents (invoices, permits, transportation documents) that accompany the shipment must match your I/E License. Can I use a photocopy of my I/E License? Yes. A copy of your valid I/E License is required to be submitted with each Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177) document package presented to Service Law Enforcement officers at time of import/export. We do not expect you to provide the original. How long is my I/E License valid? I/E Licenses are valid for up to one (1) year. How much does my I/E License cost? $100.00 How long does it take to get an I/E License? In order to expedite the process, submit applications at least 60 calendar days prior to the date needed. Reminder: It is unlawful to commercially import or export without first obtaining a valid I/E License (50 CFR 14.91). Can I be denied an I/E License? Yes. Disqualifying factors that prohibit issuance of an I/E License are found at 50 CFR 13.21(c). Can my I/E License be revoked or suspended at anytime? Yes. In addition to criteria listed in 50 CFR 13.21, FWS/OLE may deny, suspend, revoke, restrict, or deny renewal of an I/E License under any of the following criteria:  Failure to pay fees, penalties, or costs required by 50 CFR 14;  You repeatedly fail to notify our Service officers at the appropriate port at least 48 hours prior to the estimated time of arrival of a live or perishable wildlife shipment under 50 CFR 14.54(a) or at least 48 hours prior to the estimated time of exportation of any wildlife under 50 CFR 14.54(f);  You repeatedly import or export certain types of wildlife without meeting the requirements of the regulations. Do I have to amend my I/E License when there are changes? Yes. If there is a change in any information related to your I/E License (name, address, principal officer, etc.), you have 10 calendar days to notify the FWS/OLE issuing office in writing. Do I need any other authorization to be a commercial importer/exporter? Check with other Federal and local Agencies (U.S. Department of Agriculture, U.S. Public Health, etc.), as well as State and local municipal requirements for any additional authorizations to possess/trade wildlife in your State. 3-200-3a Revised December 2016 Page 7 of 13 Department of the Interior OMB Control No. 1018-0092 U.S. Fish and Wildlife Service Expires: 02/29/2020 Federal Fish and Wildlife Permit Application Form Return to: Type of Activity: Import/Export License – U.S. Entities* (cid:31) New - $100.00 U.S. Fish and Wildlife Service (cid:31) Renewal of I/E License #LE-________________________ $100.00 Office of Law Enforcement (cid:31)Amendment to I/E License #LE-_______________________ $50.00 Send to the appropriate Issuing Office listed (cid:31)Name/Address Change ONLY of Permit #LE-___________(no fee) on Page 4 for the State you listed in Block B. Complete all sections of this application. See attached instruction pages for information on how to make your application complete and help avoid unnecessary delays. A. All applicants MUST complete Name of Business (must match Company’s invoice and other permits/shipping documents) Complete Federal Tax Identification No. or last 4 of SSN Owner or Principal Officer Description of Business Date of Birth (mm/dd/yyyy) Owner or Principal Officer Last Name Sole Owner? Yes (cid:31) Owner or Principal Officer First Name Owner or Principal Officer Middle Name Principal Officer Email Address URL/Web Address Principal Officer Title Primary Contact Name Principal Officer Telephone Number Alternate Telephone Number Primary Contact Telephone Number Primary Contact Email Address B. All applicants MUST complete Address (No P.O. Boxes, Retail Postal, or Mail Service Center) (as shown on Company’s invoice and other permits/shipping documents) Where you will receive all official notices sent from the Service. City State Zip code County C. All applicants MUST complete 1. Attach check or money order payable to the U.S. FISH AND WILDLIFE SERVICE in the amount listed above. Application fees are non- refundable. 2. Do you currently have or have you ever had any Federal Fish and Wildlife license (or other permit)? Yes (cid:31) If yes, list the number of the most recent license/permit you have held: ________________________ No (cid:31) 3. Certification: I hereby certify that I have read and am familiar with the regulations contained in Title 50, Part 13 of the Code of Federal Regulations and the other applicable parts in subchapter B of Chapter I of Title 50, and I certify that the information submitted in this application for a permit is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to the criminal penalties of 18 U.S.C. 1001. __________________________________________________________________________________________________________________ Signature of Principal Officer (No photocopied or stamped signatures) Date of Signature (mm/dd/yyyy) *This application is for U.S. businesses that commercially import (receive into the U.S. from another country) or export (send out from the U.S. to another country) fish or wildlife (including parts and products). Businesses must be located in the United States to use this form. Businesses located outside the United States (no U.S. presence at all) that carry their wildlife items into or out of the United States for commercial purposes should complete 3-200-3b. Please continue to next page 3-200-3a Revised December 2016 Page 8 of 13 IMPORT/EXPORT LICENSE (U.S. Entities) APPLICATION CONTINUATION SHEET SECTION D: ALL APPLICANTS MUST COMPLETE NOTE: An Import/Export License is required ONLY if you commercially import (receive into the U.S. from another country) or export (send out from the U.S. to another country). No Import/Export License is required if your business ships exclusively within the U.S. or its Territories. 1. Are you the sole owner? Yes (cid:31) No (cid:31) (must check one) 2. Additional Partner(s) or Additional Principal Officer(s) Information (list all – use additional pages as necessary) Name: _____________________________________________________________________________________ Complete Federal Tax Identification Number or last 4 of SSN:_________________________________________ Date of Birth: _______________________________________________________________________________ Address/City/State/Zip (No P.O. Box, Retail Postal or Mail Service Center):______________________________ ___________________________________________________________________________________________ Phone Number: ______________________________________________________________________________ Email address: _______________________________________________________________________________ 3. Are you keeping your business records concerning imports and/or exports of wildlife under this license at the same location as Block B on page 1 of this application? Yes (cid:31) No (cid:31) (must check one) 50 CFR 13.46 and 14.93 describes the required records that are to be maintained for five (5) years from date of expiration of the I/E License. If no, provide location of business records (list all – use additional pages as necessary): Name: _____________________________________________________________________________________ Primary Contact Name: _______________________________________________________________________ Address/City/State/Zip (No P.O. Box, Retail Postal or Mail Service Center):______________________________ ___________________________________________________________________________________________ Phone Number: ______________________________________________________________________________ Email address: _______________________________________________________________________________ 4. Are you keeping your wildlife inventories concerning imports and/or exports of wildlife under this license at the same location as Block B on page 1 of this application? Yes (cid:31) No (cid:31) (must check one) 50 CFR 14.93 describes the requirements regarding wildlife inventory. If no, provide location of wildlife inventories (list all – use additional pages as necessary): Name: _____________________________________________________________________________________ Primary Contact Name: _______________________________________________________________________ Address/City/State/Zip (No P.O. Box, Retail Postal or Mail Service Center):______________________________ ___________________________________________________________________________________________ Phone Number: ______________________________________________________________________________ Email address: _______________________________________________________________________________ Please continue to next page 3-200-3a Revised December 2016 Page 9 of 13 IMPORT/EXPORT LICENSE (U.S. Entities) APPLICATION CONTINUATION SHEET 5. General description of the wildlife or wildlife products you wish to import/export. (Choose all that apply) (cid:31) Perishable (cid:31) Live (50 CFR 13.41 requires that wildlife possessed under a license must be maintained under humane and healthful conditions) (cid:31) Venomous (cid:31) Dead (cid:31) Products (Describe: food, sport hunted trophies, jewelry, footwear, carvings, etc.)_______________ ___________________________________________________________________________________ (cid:31) Other (Describe)___________________________________________________________________ 6. Type of animal to be used as described in #5 above. (Choose all that apply) (cid:31) Fish (cid:31) Coral (cid:31) Reptiles (cid:31) Amphibians (cid:31) Mammals (cid:31) Birds (cid:31) Insects/Arachnids (cid:31) Molluscs (Shells) (cid:31) Other______________________________ 7. Disqualification Factor. A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act, the Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act disqualifies any such person from receiving or exercising the privileges of a permit, unless such disqualification has been expressly waived by the Service Director in response to a written petition (50 CFR 13.21(c)). Have you or any of the owners of the business, if applying as a business, been convicted, or entered a plea of guilty or nolo contendere, forfeited collateral, or are currently under charges for any violations of the laws mentioned above? Yes (cid:31) No (cid:31) (must check one) If you answered “Yes” provide: a) the individual’s name, b) date of charge, c) charge(s), d) location of incident, e)court, and f) action taken for each violation (list all – use additional pages as necessary). Please continue to next page Page 10 of 13 3-200-3a Revised December 2016