Statute Details
- Title: Endangered Species (Import and Export) (Artificially Propagated Plant — Exemption) Order 2022
- Act Code: ESIEA2006-S857-2022
- Type: Subsidiary Legislation (SL)
- Authorising Act: Endangered Species (Import and Export) Act 2006
- Enacting authority: Minister for National Development (pursuant to section 26(1) of the Act)
- Commencement: 1 November 2022
- Legislation number: No. S 857
- Key operative provisions: Section 1 (citation/commencement), Section 2 (exemption), Section 3 (revocation)
- Status: Current version as at 27 March 2026
- Related subsidiary instruments (referenced): Endangered Species (Import and Export) (Prescribed Information for Section 5(1)) Rules 2022 (G.N. No. S 856/2022)
What Is This Legislation About?
The Endangered Species (Import and Export) (Artificially Propagated Plant — Exemption) Order 2022 (“the Order”) is a targeted exemption instrument under Singapore’s Endangered Species (Import and Export) Act 2006 (“the Act”). In plain language, it addresses a practical problem faced by importers of certain plants that are not taken from the wild but are instead produced through artificial propagation (for example, nursery-grown plants produced under controlled conditions).
Under the Act, section 4(1)(a) generally restricts or prohibits the importation of endangered species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) unless the importer satisfies specified documentary and regulatory requirements. The Order carves out a limited exemption for “artificially propagated plants” that are listed in Appendices II and III of the Schedule to the Act, provided the importer presents the correct type of CITES documentation or an approved phytosanitary certificate used as a certificate of artificial propagation.
Importantly, the exemption is not automatic. It is conditional on documentary evidence being presented to the Director-General or an authorised officer before importation, and on the documentation containing specific information and, in some cases, requiring that the exporting/re-exporting country has notified and coordinated with the CITES Secretariat regarding the use of the certificate.
What Are the Key Provisions?
Section 1 (Citation and commencement) is straightforward. It provides the short title and states that the Order comes into operation on 1 November 2022. For practitioners, this matters when advising on compliance timelines for shipments arriving after that date, and when checking whether the exemption regime applies to a particular import event.
Section 2 (Exemption from section 4(1)(a) of the Act) is the core of the Order. It states that section 4(1)(a) does not apply to the importation of any artificially propagated plant listed in Appendices II and III of the Schedule to the Act, if—before importation—the importer presents specified documents to the Director-General or an authorised officer.
The exemption is structured around two alternative documentary routes:
(a) Presentation of a valid CITES permit/certificate (or similar document)
Under section 2(a), the importer must present a valid CITES permit or certificate (or any other similar document) issued by the competent authority of the country of export or re-export. The document must contain the prescribed information set out in the Endangered Species (Import and Export) (Prescribed Information for Section 5(1)) Rules 2022 (G.N. No. S 856/2022). This route is familiar to most CITES-compliance practitioners: it relies on the standard CITES documentation framework and ensures that the Singapore authority receives the information required under the prescribed rules.
(b) Presentation of a phytosanitary certificate used as a certificate of artificial propagation
Section 2(b) provides an alternative that may be particularly relevant for plant imports where the exporting country uses phytosanitary processes. Here, the importer must present a phytosanitary certificate that is used as a certificate of artificial propagation for the artificially propagated plant, issued by the competent authority of the country of export or re-export.
However, section 2(b) imposes multiple conditions that must all be satisfied:
- CITES status of the exporting/re-exporting country: the country of export or re-export must be a Party to CITES.
- Notification and coordination with the CITES Secretariat: the competent authority must have informed the CITES Secretariat that the Party is using the certificate as a certificate of artificial propagation, and must have provided the Secretariat with a copy of the certificate and the stamp or seal used.
- Content requirements on the certificate: the certificate must contain all of the following details:
- (i) Scientific name of the plant species;
- (ii) Type and quantity of the plants;
- (iii) A clear indication (via a stamp/seal, electronic equivalent, or other specific indication) stating that the plant is artificially propagated.
For legal and compliance teams, the practical takeaway is that the exemption under section 2(b) is document-intensive and depends on the exporting authority’s compliance with CITES Secretariat coordination. If the certificate lacks any required element, or if the exporting country has not properly notified the Secretariat, the exemption may not apply and the import could fall back within the general restrictions of section 4(1)(a).
Section 3 (Revocation) revokes the earlier instrument titled Endangered Species (Import and Export) (Exemption from Section 4(1)) Order (O 1). This indicates that the 2022 Order replaces a prior exemption framework. Practitioners should therefore check whether older shipments or legacy compliance procedures relied on the revoked order, and ensure that internal compliance checklists reflect the current documentary requirements.
How Is This Legislation Structured?
The Order is concise and consists of three provisions:
- Section 1: sets out the citation and commencement date.
- Section 2: provides the substantive exemption from section 4(1)(a) of the Act for artificially propagated plants in Appendices II and III, subject to documentary conditions.
- Section 3: revokes the earlier exemption order (O 1).
Although the Order itself is short, it operates by reference to other legal instruments—most notably the Prescribed Information for Section 5(1) Rules 2022 (G.N. No. S 856/2022). This cross-referencing is typical in CITES-related regimes: the exemption depends not only on the existence of permits/certificates but also on whether those documents contain the precise information Singapore requires.
Who Does This Legislation Apply To?
The Order applies to importation into Singapore of artificially propagated plants that are listed in Appendices II and III of the Schedule to the Act. It is therefore aimed at importers, their customs brokers, freight forwarders, and compliance officers who manage CITES documentation for shipments.
It also affects exporters and re-exporters indirectly, because the exemption depends on documentation issued by the competent authority in the country of export or re-export. If the exporting authority does not issue documents that meet the Order’s requirements—either a valid CITES permit/certificate with prescribed information, or an appropriately structured phytosanitary certificate used as a certificate of artificial propagation—the importer may not be able to rely on the exemption.
Why Is This Legislation Important?
This Order is significant because it provides a compliance pathway for legitimate trade in artificially propagated plants, while maintaining Singapore’s obligations under CITES and the Act’s enforcement framework. In practice, it helps reduce unnecessary friction for nurseries and traders who can demonstrate that plants are not sourced from the wild.
At the same time, the exemption is conditional and tightly controlled. The requirement that the importer present documents before importation to the Director-General or an authorised officer reinforces that the exemption is a regulatory decision supported by documentary evidence. For practitioners, this means that advice should focus on pre-shipment document review, verification of certificate content, and confirmation that the exporting/re-exporting country’s competent authority has satisfied the CITES Secretariat coordination requirements where the phytosanitary route is used.
From an enforcement perspective, the Order’s revocation of the earlier exemption order signals that compliance teams should not rely on outdated templates or assumptions. If a shipment is processed using documentation that was acceptable under the revoked framework but not under the 2022 Order, the importer could face regulatory consequences for non-compliance with section 4(1)(a). Therefore, the Order is not merely administrative—it directly affects risk management, licensing/documentation strategy, and the defensibility of compliance decisions.
Related Legislation
- Endangered Species (Import and Export) Act 2006 (particularly section 4(1)(a) and section 26(1))
- Endangered Species (Import and Export) (Prescribed Information for Section 5(1)) Rules 2022 (G.N. No. S 856/2022)
- Endangered Species (Import and Export) (Exemption from Section 4(1)) Order (O 1) (revoked by section 3 of this Order)
Source Documents
This article provides an overview of the Endangered Species (Import and Export) (Artificially Propagated Plant — Exemption) Order 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.