US Ban in Ivory - Not all bad news

Runjeet Singh · 27th March 2014, 04:58 PM

I have read the fact sheet that was kindly linked on this forum, and to my eyes, it is NOT a blanket ban on all Ethnographical Arms & Armour containing Ivory.

I have copied the main points from the document below and will tackle them one by one:

* Prohibit Commercial Import of African Elephant Ivory: All commercial imports of African elephant ivory, including antiques, will be prohibited.

Yes, without doubt sad news for those collecting/dealing with African items. This IS a blanket ban for ALL African Ivory.

*Prohibit Commercial Export of Elephant Ivory: All commercial exports will be prohibited, except for bona fide antiques, certain noncommercial items, and in exceptional circumstances permitted under the Endangered Species Act.

The important words here are 'bona fide antiques'. In my opinion the only way a US customs official will be convinced of this, is with a CITES certificate. I now always seek CITES permission for all ivory exports and imports. The lead time is 4 - 6 weeks, but sometimes is quicker.

*Significantly Restrict Domestic Resale of Elephant Ivory: We will finalize a proposed rule that will reaffirm and clarify that sales across state lines are prohibited, except for bona fide antiques, and will prohibit sales within a state unless the seller can demonstrate an item was lawfully imported prior to 1990 for African elephants and 1975 for Asian elephants, or under an exemption document.

Again, the golden words 'bona fide antiques'. I'm not a US citizen, but it sounds like they will try to enforce domestic sales/transfers, do they have the manpower to do that? My advice would be to include documental evidence within the parcel for domestic trade.

*Clarify the Definition of “Antique”: To qualify as an antique, an item must be more than 100 years old and meet other requirements under the Endangered Species Act. The onus will now fall on the importer, exporter, or seller to demonstrate that an item meets these criteria.

We have access to lots of books, even on-line museum collections. A printout from the Met New York, or V&A London, of a similar object to the one you are posting, will be easy and powerful evidence that you can place in the parcel.

Even a printout from a commercial website of a reputable dealer will hold some weight.

*Restore Endangered Species Act Protection for African Elephants: We will revoke a previous Fish and Wildlife Service special rule that had relaxed Endangered Species Act restrictions on African elephant ivory trade.

Support Limited Sport-hunting of African Elephants: We will limit the number of African elephant sport-hunted trophies that an individual can import to two per hunter per year.

The last two points require no further comment from me. In conclusion, it is sad for those of us who collect African arms that make use of Ivory, but we should not jump to the conclusion that this is a blanket ban for all areas of Ethnographical collecting, when it is not, and if the correct rules and common sense is used, it may not affect us drastically.

Regards
Runjeet

27th March 2014, 04:58 PM	#1
Runjeet Singh Member Join Date: Oct 2006 Location: Warwickshire, England Posts: 150	US Ban in Ivory - Not all bad news I have read the fact sheet that was kindly linked on this forum, and to my eyes, it is NOT a blanket ban on all Ethnographical Arms & Armour containing Ivory. I have copied the main points from the document below and will tackle them one by one: * Prohibit Commercial Import of African Elephant Ivory: All commercial imports of African elephant ivory, including antiques, will be prohibited. Yes, without doubt sad news for those collecting/dealing with African items. This IS a blanket ban for ALL African Ivory. Prohibit Commercial Export of Elephant Ivory: All commercial exports will be prohibited, except for bona fide antiques, certain noncommercial items, and in exceptional circumstances permitted under the Endangered Species Act. The important words here are 'bona fide antiques'. In my opinion the only way a US customs official will be convinced of this, is with a CITES certificate. I now always seek CITES permission for all ivory exports and imports. The lead time is 4 - 6 weeks, but sometimes is quicker. Significantly Restrict Domestic Resale of Elephant Ivory: We will finalize a proposed rule that will reaffirm and clarify that sales across state lines are prohibited, except for bona fide antiques, and will prohibit sales within a state unless the seller can demonstrate an item was lawfully imported prior to 1990 for African elephants and 1975 for Asian elephants, or under an exemption document. Again, the golden words 'bona fide antiques'. I'm not a US citizen, but it sounds like they will try to enforce domestic sales/transfers, do they have the manpower to do that? My advice would be to include documental evidence within the parcel for domestic trade. Clarify the Definition of “Antique”: To qualify as an antique, an item must be more than 100 years old and meet other requirements under the Endangered Species Act. The onus will now fall on the importer, exporter, or seller to demonstrate that an item meets these criteria. We have access to lots of books, even on-line museum collections. A printout from the Met New York, or V&A London, of a similar object to the one you are posting, will be easy and powerful evidence that you can place in the parcel. Even a printout from a commercial website of a reputable dealer will hold some weight. Restore Endangered Species Act Protection for African Elephants: We will revoke a previous Fish and Wildlife Service special rule that had relaxed Endangered Species Act restrictions on African elephant ivory trade. Support Limited Sport-hunting of African Elephants: We will limit the number of African elephant sport-hunted trophies that an individual can import to two per hunter per year. The last two points require no further comment from me. In conclusion, it is sad for those of us who collect African arms that make use of Ivory, but we should not jump to the conclusion that this is a blanket ban for all areas of Ethnographical collecting, when it is not, and if the correct rules and common sense is used, it may not affect us drastically. Regards Runjeet