current status of shipping elephant tusks /ivory materials out of USA/Europe

Green · 27th June 2022, 04:40 AM

Recently one online auction withdrew an item just weeks before the auction date because they discovered that it had an ivory hilt and they did not want to go against new policy or regulation just enforced in UK.

Can anyone inform what are the procedures and current requirements to ship out of Europe/USA ivory tusks(raw) or items containing ivory legally assuming that they have CITES certificates available?

Thanks in advance for your comments and response.

milandro · 27th June 2022, 09:27 AM

I don’t have direct experience with this but I looked it uo for you

I understand that the rules have become more stringent and in many cases you may not be able to export , also please understand that the UK is no longer part of the EU

https://ec.europa.eu/commission/pres.../qanda_21_6888

this is about the UK

https://www.gov.uk/guidance/dealing-...-made-of-ivory

Green · 27th June 2022, 04:27 PM

Many thanks for these official guidelines Milandro. The way I understand it it is still possible to 'deal' with ivory if proper documentations (import/export /cites certificates) are in order.

milandro · 27th June 2022, 04:44 PM

I am not so sure, I think the hurdles may be such that it would be only theoretically possible to deal even in antique objects

https://theada.co.uk/much-stricter-e...nuary-19-2022/

“...
Clampdown despite low-level risk of antiques
The tighter restrictions are announced in a document that acknowledges the low level of risk posed by antiques: “It is highly unlikely that internal EU trade of pre-1947 antiques or pre-1975 musical instruments would contribute to illegal trade of ivory or demand for illegal ivory, given also that such remaining trade will be strictly controlled.”
However, the paperwork and potential costs of compliance are likely to make much trade uneconomic, while the burden of proving the legality of an item falls more heavily on the applicant under the EU’s precautionary principle, where the need to mitigate risk outweighs the presumption of innocence.
Although this sets an ethical standard, its practical application is another matter. The guidance shows authorities will require evidence of legal acquisition, which may not exist in the case of an heirloom, for instance.
Erika Bocherau, the director general of CINOA, the international art market federation representing around 5,000 dealer globally, has led the negotiations with the Commission on behalf of the market.
She said: “The impact of the new restrictions will be felt by both the trade and private individuals. It is hard to digest that the EU’s new restrictions on the trade of antique worked ivory were approved even though legislators acknowledge that none of the EU Member States have been identified as countries that are implicated in the illicit ivory trade.”
This report first appeared the Art Newspaper. “

and more

https://www.theartnewspaper.com/2021...on-ivory-trade

here you will find download link

https://environment.ec.europa.eu/doc...in%20ivory.pdf

In practice only museums are really allowed to import export fine objects even pre 1947

milandro · 27th June 2022, 04:51 PM

maybe this will help, but you can see that in most cases from January 2022 onwards almost that everything that was allowed in now suspended or prohibited
Import to and out the EU of antique is ONLY to museums

Green · 28th June 2022, 09:17 AM

Many thanks again Milandro for this concise table.

My understanding is the ivory meant here are elephant tusks/ivory . But no mention regarding marine ivories (whales/walrus etc). Does this mean that for items containing other ivories we still can buy and import (with proper documentations)?

Also, does anyone have guidelines for USA?

David · 28th June 2022, 04:45 PM

Quote:

Originally Posted by Green

Many thanks again Milandro for this concise table.

My understanding is the ivory meant here are elephant tusks/ivory . But no mention regarding marine ivories (whales/walrus etc). Does this mean that for items containing other ivories we still can buy and import (with proper documentations)?

Also, does anyone have guidelines for USA?

I'm not at all certain about the UK rulings on this, but i believe that in most other places marine ivory is dealt with in the same manner as elephant ivory.
It should also be noted that in most cases customs officials are not that well schooled in determining the difference between elephant and marine ivory. If they find it without the proper paperwork they will probably confiscate it no matter whether it is elephant, hippo, walrus, whale or dugong. Do NOT count on them being able to tell.

fernando · 28th June 2022, 07:30 PM

Amen to that !.

SidJ · 10th July 2022, 11:28 AM

In the UK the Ivory Act 2018 is now in force. A search will bring up the Act online. Government guidance on the application of the Act is also available. The Act only applies to tusks from living species of elephant. Mammoth and marine ivories are not covered. There is a technical allowance of ivory of it makes up less than 10% by volume of the whole item subject to other caveats. All auction houses in the UK have stopped selling ivory as I understand it. The penalties are stiff for buyer and seller and the government will be looking to set an example by enforcing the Act.

milandro · 10th July 2022, 11:32 AM

actually there has been an update to that 1988

6 June 2022

https://www.gov.uk/government/public...idance-artwork

https://www.legislation.gov.uk/uksi/.../contents/made

Provisions coming into force on 6th June 2022

4. The following provisions of the Act come into force on 6th June 2022 —

(a)section 14 (power to stop and search persons);

(b)section 15 (power to stop and search vehicles);

(c)section 16 (power to board and search vessels and aircraft);

(d)section 17 (warrants authorising entry and search of premises);

(e)section 18 (further provision about search warrants) and Schedule 2 (search warrants: England and Wales and Northern Ireland);

(f)section 19 (powers of examination etc);

(g)section 20 (power to require production of documents etc);

(h)section 21 (powers of seizure etc);

(i)section 22 (accredited civilian officers: powers of entry);

(j)section 23 (other powers of accredited civilian officers);

(k)section 24 (excluded items);

(l)section 25 (further provision about seizure under section 21 or 23);

(m)section 26 (notices and records in relation to seized items);

(n)section 27 (powers of entry, search and seizure: supplementary provision);

(o)section 28 (offences of obstruction etc);

(p)section 29 (retention of seized items);

(q)section 30 (forfeiture of seized items by court on application);

(r)section 31 (appeal against decision under section 30);

(s)section 32 (return of item to person entitled to it, or disposal if return impracticable);

(t)section 33 (forfeiture by court following conviction);

(u)section 34 (application of Customs and Excise Management Act 1979);

(v)section 35 (contracts of insurance etc);

(w)section 36 (liability of corporate officers for offences by bodies corporate etc);

(x)paragraphs 4, 9, 19, 20 and 23 to 24 of Schedule 1 (civil sanctions).

27th June 2022, 04:40 AM	#1
Green Member Join Date: Apr 2015 Location: Malaysia Posts: 312	current status of shipping elephant tusks /ivory materials out of USA/Europe Recently one online auction withdrew an item just weeks before the auction date because they discovered that it had an ivory hilt and they did not want to go against new policy or regulation just enforced in UK. Can anyone inform what are the procedures and current requirements to ship out of Europe/USA ivory tusks(raw) or items containing ivory legally assuming that they have CITES certificates available? Thanks in advance for your comments and response.

27th June 2022, 04:51 PM	#5
milandro Member Join Date: Jan 2022 Location: Netherlands Posts: 476	maybe this will help, but you can see that in most cases from January 2022 onwards almost that everything that was allowed in now suspended or prohibited Import to and out the EU of antique is ONLY to museums Attached Images

27th June 2022, 09:27 AM	#2
milandro Member Join Date: Jan 2022 Location: Netherlands Posts: 476	I don’t have direct experience with this but I looked it uo for you I understand that the rules have become more stringent and in many cases you may not be able to export , also please understand that the UK is no longer part of the EU https://ec.europa.eu/commission/pres.../qanda_21_6888 this is about the UK https://www.gov.uk/guidance/dealing-...-made-of-ivory

27th June 2022, 04:27 PM	#3
Green Member Join Date: Apr 2015 Location: Malaysia Posts: 312	Many thanks for these official guidelines Milandro. The way I understand it it is still possible to 'deal' with ivory if proper documentations (import/export /cites certificates) are in order.

27th June 2022, 04:44 PM	#4
milandro Member Join Date: Jan 2022 Location: Netherlands Posts: 476	I am not so sure, I think the hurdles may be such that it would be only theoretically possible to deal even in antique objects https://theada.co.uk/much-stricter-e...nuary-19-2022/ “... Clampdown despite low-level risk of antiques The tighter restrictions are announced in a document that acknowledges the low level of risk posed by antiques: “It is highly unlikely that internal EU trade of pre-1947 antiques or pre-1975 musical instruments would contribute to illegal trade of ivory or demand for illegal ivory, given also that such remaining trade will be strictly controlled.” However, the paperwork and potential costs of compliance are likely to make much trade uneconomic, while the burden of proving the legality of an item falls more heavily on the applicant under the EU’s precautionary principle, where the need to mitigate risk outweighs the presumption of innocence. Although this sets an ethical standard, its practical application is another matter. The guidance shows authorities will require evidence of legal acquisition, which may not exist in the case of an heirloom, for instance. Erika Bocherau, the director general of CINOA, the international art market federation representing around 5,000 dealer globally, has led the negotiations with the Commission on behalf of the market. She said: “The impact of the new restrictions will be felt by both the trade and private individuals. It is hard to digest that the EU’s new restrictions on the trade of antique worked ivory were approved even though legislators acknowledge that none of the EU Member States have been identified as countries that are implicated in the illicit ivory trade.” This report first appeared the Art Newspaper. “ and more https://www.theartnewspaper.com/2021...on-ivory-trade here you will find download link https://environment.ec.europa.eu/doc...in%20ivory.pdf In practice only museums are really allowed to import export fine objects even pre 1947

28th June 2022, 09:17 AM	#6
Green Member Join Date: Apr 2015 Location: Malaysia Posts: 312	Many thanks again Milandro for this concise table. My understanding is the ivory meant here are elephant tusks/ivory . But no mention regarding marine ivories (whales/walrus etc). Does this mean that for items containing other ivories we still can buy and import (with proper documentations)? Also, does anyone have guidelines for USA?

28th June 2022, 07:30 PM	#8
fernando (deceased) Join Date: Dec 2004 Location: Portugal Posts: 9,694	Amen to that !.

10th July 2022, 11:28 AM	#9
SidJ Member Join Date: Apr 2020 Posts: 177	In the UK the Ivory Act 2018 is now in force. A search will bring up the Act online. Government guidance on the application of the Act is also available. The Act only applies to tusks from living species of elephant. Mammoth and marine ivories are not covered. There is a technical allowance of ivory of it makes up less than 10% by volume of the whole item subject to other caveats. All auction houses in the UK have stopped selling ivory as I understand it. The penalties are stiff for buyer and seller and the government will be looking to set an example by enforcing the Act.

10th July 2022, 11:32 AM	#10
milandro Member Join Date: Jan 2022 Location: Netherlands Posts: 476	actually there has been an update to that 1988 6 June 2022 https://www.gov.uk/government/public...idance-artwork https://www.legislation.gov.uk/uksi/.../contents/made Provisions coming into force on 6th June 2022 4. The following provisions of the Act come into force on 6th June 2022 — (a)section 14 (power to stop and search persons); (b)section 15 (power to stop and search vehicles); (c)section 16 (power to board and search vessels and aircraft); (d)section 17 (warrants authorising entry and search of premises); (e)section 18 (further provision about search warrants) and Schedule 2 (search warrants: England and Wales and Northern Ireland); (f)section 19 (powers of examination etc); (g)section 20 (power to require production of documents etc); (h)section 21 (powers of seizure etc); (i)section 22 (accredited civilian officers: powers of entry); (j)section 23 (other powers of accredited civilian officers); (k)section 24 (excluded items); (l)section 25 (further provision about seizure under section 21 or 23); (m)section 26 (notices and records in relation to seized items); (n)section 27 (powers of entry, search and seizure: supplementary provision); (o)section 28 (offences of obstruction etc); (p)section 29 (retention of seized items); (q)section 30 (forfeiture of seized items by court on application); (r)section 31 (appeal against decision under section 30); (s)section 32 (return of item to person entitled to it, or disposal if return impracticable); (t)section 33 (forfeiture by court following conviction); (u)section 34 (application of Customs and Excise Management Act 1979); (v)section 35 (contracts of insurance etc); (w)section 36 (liability of corporate officers for offences by bodies corporate etc); (x)paragraphs 4, 9, 19, 20 and 23 to 24 of Schedule 1 (civil sanctions).