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Old 28th September 2005, 04:09 PM   #14
Mark
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Join Date: Dec 2004
Posts: 987
Post Sorry I sort of fell off the discussion

I missed the latest developments in this thread. Let me explain from personal experience how CITES works (I have an application for an export permit pending at the moment).

Each signatory country has a "managing authority" (in the US it is the Fish and Wildlife Service), that issues export permits for anything covered by CITES, which is pretty much everything but pig bone.

In order to possess, transport, import, export, re-import or re-export, you must have the appropriate permit. The whole thing is mostly geared toward live animals, and animal parts like pelts, tusks, rhino horns, etc., but it does cover things made with them, such as grips and sheaths.

An application for a permit requires a supporting certification that the object(s) in question fall within an exemption to the CITES bans. If you want to take something out and bring it back in, you need an "export/re-import" permit. The relevant exception for the sword collector (in most cases), is that the piece is an antique (more than 100 years old), OR that it has not been in commerce since December 28, 1973. By "in commerce" it is meant that it has not been sold, or for sale, since that date (if the item has changed hands via sale even once, it loses the exemption). The certification, as Rick said, can be made by anyone with expertise, and is usually in the form of a signed declaration that includes the certifier's credentials.

Once the permit is obtained, you are advised to contact the Customs authorities and have them review and sign off on the permit, so that there is no delay in the export. They have the power to inspect the item if they want, and this can save time in the end if they choose to. In the US, the item must be exported from one of six specific ports, but there isn't a problem getting a waiver of that from the Customs office of the port you would otherwise have to use (BTW, the Customs office you need to deal with throughout this process is the one in charge of this port).

So now you have all the right papers to export, and generally this is enough to get something into another country, since the basic requirements are uniform. The US actually has stricter standards because we have the Endangered Species Act and a specific law about trade in African ivory, which have tighter standards than CITES.

Once in the destination country, you need to obtain another permit if you want to get the thing back out. Basically the same process in reverse, which I personally haven't gone through yet, but I am told that the original export permit is usually enough to get the new export permit.

The CITES pages of the USFWS web site (http://www.fws.gov/permits/ImportExp...rtExport.shtml) have a bunch of information, and all the forms, for the permitting process in the US. It is a pain because it isn't always clear exactly what you need to do, but once you have figured it out, all you really need to do is wait for the wheels of government to turn. Approval can take up to 3 months in the US, and there is a considerable backlog right now, apparently.
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