JVC has received information from the U.S. Fish & Wildlife Service (“USFWS”) that the comprehensive ivory ban announced by the White House as part of their new National Strategy for Combating Wildlife Trafficking goes into effect immediately. The White House has stated that this ban is the best way to help ensure that U.S. markets do not contribute to the further decline of African elephants in the wild.
The comprehensive strategy includes:
- All commercial imports of African elephant ivory, including antiques, are prohibited.
- All commercial exports are prohibited, except for bona fide antiques, certain noncommercial items, and in exceptional circumstances permitted under the Endangered Species Act.
- All sales of ivory across state lines are banned, except for bona fide antiques. Sales within a state are also banned, unless the seller can demonstrate an item was lawfully imported prior to 1990 for African elephants and 1975 for Asian elephants.
- To qualify as an antique, an item must be more than 100 years old and meet other requirements under the Endangered Species Act. The burden is now on the importer, exporter or seller to demonstrate that an item meets these critera.
- Individuals are limited to importing two African elephant sport-hunter trophies per year. (Previously, this was unlimited.)
The current rules for Asian ivory remain in place. Asian elephant ivory trade is permitted, with proper permits from and declaration to USFWS, only if it is a bona fide antique, or if it is pre-convention (removed from the wild prior to June 14, 1976, has not been commercially held, and is accompanied by a pre-Act affidavit. Pre-convention Asian elephant ivory can only be sold intrastate.)
Any questions on current imports and exports of plant and wildlife products can be directed to Sara Yood at or the U.S. Fish & Wildlife Service at www.fws.gov. To keep up to date with JVC updates and events, be sure to follow us on Twitter @jvclegal and visit our website, www.jvclegal.org.
