What is the highest fine under this article?
The highest figure is in subparagraph (c): 5,000 GEL, for unlawful movement of a whole elephant tusk or a whole rhinoceros horn in unworked form. Next is subparagraph (e), at 4,000 GEL for each individual bird of prey. Both are accompanied by confiscation of the object of the offence.
If several birds were involved, is the fine charged once?
Subparagraphs (d) and (e) refer expressly to each individual: 3,000 GEL for each primate under (d), 4,000 GEL for each bird of prey under (e). The figure is attached to the unit rather than to the consignment as a whole, which is why the number of individuals is one of the first things to check against the file.
I bought the item abroad as a souvenir. Does that change anything?
The article names not only a specimen but also a part or derivative of a listed species, and it provides no exception based on the purpose of the purchase. The decisive question is whether the item belongs to a species listed in the Convention's appendices, which is a matter of identification rather than of intention.
Should my episode be assessed under Part 1 or Part 2?
That question is what sets the amount. Part 1 covers illegal trade and carries 1,000 GEL. Part 2 covers unlawful export, import, transit, re-export or introduction from the sea, where the figure comes from the subparagraph: (a) 3,000 to 4,000 GEL, (b) and (d) 3,000 GEL, (e) 4,000 GEL, (c) 5,000 GEL. Confiscation of the object of the offence accompanies the fine under both parts.
Can I get the items back if I pay?
In both parts the text places confiscation alongside the fine, not instead of it, so the two apply together and payment is not in itself a basis for return. What can be contested is the reach of the confiscation — in particular whether it should extend to an entire consignment or only to specific items.
