posted 02-18-2014 03:35 PM            

The White House fact sheet goes on to say: "Today we are also announcing a ban on the commercial trade of elephant ivory, which will enhance our ability to protect elephants by prohibiting commercial imports, exports and domestic sale of ivory, with a very limited number of exceptions."

and

"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."

It defines "antique" as follows: "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."

Most silver tea sets have ivory insulators. A lot of other silver holloware and jewelry contains ivory. The White House says "sales across state lines are prohibited, except for bona fide antiques" but defines antiques as having to be over 100 years old. And it says the seller will now have to "to demonstrate that an item meets these criteria."

posted 02-18-2014 08:14 PM            

As well intentioned as this may be, it will only affect and make life more difficult for those that obey the law.

As long as there is a demand, and in Asia there is a tremendous demand, there will be those that will go to any lengths to fill it.

posted 02-19-2014 01:36 PM            

In my personal opinion and in light of the desperate situation I do not think that it is entirely unreasonable for collectors of antique silver that has ivory components to go through a basic process to document the age to get the exemption, and that when having pieces repaired or restored to use substitutes for real ivory that look as good but are not using actual ivory.

posted 02-19-2014 02:02 PM            

Have written proof? Wait 2-3 months? Pay a processing fee? So you MAY be eligible? Besides, what constitutes acceptable proof? How do you prove the items you acquired decades ago are acceptable to some bureaucrat?

posted 04-01-2014 02:17 PM            

quote:

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scrimshander2
Author

THE LAWS OF IVORY The Truth of Buying and Owning It
May 4, 2010

The biggest misconception that we hear or read about is that "all ivory is ILLEGAL to own, buy or sell". If you believe this statement then I will be selling a beautiful bridge, located in New York, on EBAY next week... no reserve! In the next few paragraphs I have put together a simple summary of the INTERNATIONAL and U.S.FISH & WILDLIFE laws which regulate the commerce of ivory, which in turn is regulated by C.I.T.E.S. (Convention on the International Trade in endangered Species) and the 'Marine Mammal Protection Act'. C.I.T.E.S. is an organization that was formed in 1973 as a multinational protege of the United Nations to meet every 2 years to review data and set quotas to maintain levels of protection on species of both plant and animal. Here's what they say on regulation of ivories:

AFRICAN ELEPHANT: This is on the C.I.T.E.S. endangered species list. The importation, selling and buying of this ivory IS NOT ALLOWED INTERNATIONALLY. It cannot be exported or imported to the U.S. and most of the countries delegated to the U.N., BUT... it is LEGAL TO OWN, SELL, BUY, or SHIP within the boundaries of the U.S. and there are NO PERMITS or REGISTRATION requirements! *The majority of african elephant ivory is "old estate" ivory that was brought into this country since its' inception.

ASIAN ELEPHANT : Also on the C.I.T.E.S. Endangered species list and is ILLEGAL to buy, trade, sell, import or export anywhere internationally or INTERSTATE within the U.S.

MAMMOTH/MASTEDON: These are two distinctively different animals for one thing but the ivory is difficult to distinguish between the two. These mammals are extinct and were on this earth 10 to 40,000 years ago so this ivory is COMPLETELY UNRESTRICTED! Distinguishing the difference between Mammoth/Mastedon ivory and Elephant ivory is determined by the angles where the cross grain lines bisect each other. Angles greater than 120% indicate elephant ivory and angles less than 90% indicate Mammoth/Mastedon ivory. Other distinctions include the color of the inner layers of the ivory and the outer layer referred to as the 'bark'.

HIPPO/WARTHOG: These species are protected but not endangered. Because of over population and a danger to humans, these animals are legally hunted by regulation for 'cull' purposes. Permits and documentation are required for importing or exporting this ivory but once it is in the U.S., NO PERMITS OR DOCUMENTS ARE NECESSARY to buy or sell interstate.

SPERM WHALE: An endangered species and regulated since 1973 by The Marine Mammal Protection Act. NO IMPORTATION/EXPORTATION PERIOD! Interstate sales of REGISTERED PRE-ACT teeth with SCRIMSHAW is allowed under a special Federal Permit. Unregistered pre-act teeth can NO LONGER BE REGISTERED and CANNOT BE TRANSPORTED across interstate lines for commercial purposes. THEY CAN BE SOLD 'INTRASTATE' so long as STATE LAW does not prohibit it!

ANTIQUE (100 YRS +) Scrimshaw Teeth can be sold Interstate.

BOWHEAD WHALE: Protected Period! It is LEGAL TO SELL via an exemption allowing ESKIMOS to hunt whales and then sell their crafts made from them.

WALRUS: They have been regulated since 1972 under the Marine Mammal Protection Act and reguated by the U.S. Fish & Wildlife Service. The ivory that pre-dates the 12-21-1972 Law which bears the Alaska State walrus registration tags or post-law ivory that HAS BEEN CARVED OR SCRIMSHAWED BY AN ALASKAN NATIVE (Eskimo) is legal to buy , sell, and own. Any ivory that was/is obtained after 12-21-1972 IS NOT LEGAL TO BUY OR SELL UNLESS" both parties are Eskimo... BUT, it is LEGAL TO OWN. Permits are required(as to the laws above) to export the ivory out of the U.S.

FOSSIL WALRUS IVORY: No restictions. It is LEGAL TO BUY, SELL AND OWN anywhere in the U.S. The exportation of this ivory DOES require a permit.

THE ABOVE INCLUDES ANY AND ALL PARTS OF SUCH ANIMALS STATED

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posted 06-13-2015 08:51 AM            

The U.S. Fish & Wildlife Service has a page:
USFWS Moves to Ban Commercial Elephant Ivory Trade
Questions & Answers

And then there are all the state regulations like California's ivory ban bill - AB 96.

Last year there were many reports of confiscations. Does this continue? What happens to the confiscated items? Is the seizure & any destruction of the property requiring some sort of legal trial?

The more I read about this, the more questions I have.

I'm all for saving endangered species, and for stopping the poaching & criminal trafficking (including "wink & a node" dealings) with all animal products. All of these good intended laws/regulations feels like a bunch of knee jerking. And would seem to only make things difficult for the uninformed buyer/seller while making the $ incentives for poaching & criminal trafficking all that more attractive.

Commerce, regardless if it is technically legal or not, is what drives this. Making the market smaller and less attractive world seem to be better. So make the ownership/possession rules/regulations very clear. And when there is not clear ownership/possession and compliance with rules/regulations then make the penalties for the owner/possessor/seller very severe.

The world needs to find a better way ...

posted 06-13-2015 11:55 AM            

At an antique show last year, I saw a high-end antique item described as having had its ivory elements replaced with faux ivory. I don't remember what the item was or what they used as a replacement. They wanted a ton of money for it; I have no idea whether they were asking more or less than they would have before the law, if it hadn't had its ivory replaced.