U.S. Fish & Wildlife Service

Asian Elephant Ivory

Are Asian elephants protected?

Asian elephants (Elephas maximus) are

protected by the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

(CITES), a treaty which monitors and

regulates international wildlife trade to

prevent over-exploitation. The species is

listed in Appendix I, and elephants or

their parts and products, including ivory,

may not be traded for primarily

commercial purposes.

Additional safeguards are provided Asian

elephants by their listing as endangered

under the U.S. Endangered Species Act

(ESA). Under this law, you cannot sell or

offer for sale across state lines or

overseas; import; export; or take

(which includes harass, harm, kill, etc.)

any elephant or elephant product, unless

you meet requirements of the ESA.

What kind of Asian elephant ivory or

ivory products are affected by these

laws?

Any tusk, piece of tusk, ivory carving, or

ivory pieces such as piano keys, jewelry,

or bagpipe fittings.

What do I need to know to decide what I

can do with ivory items?

Decide:

! What kind of ivory it is—if you do not

know, see below.

! Age of the ivory—when the item was

manufactured or the elephant was

removed from the wild.

! Whether the item has been repaired

or modified with any new ivory and, if

so, when.

! Date the ivory was last bought, sold,

or held in the course of a commercial

activity.

What can I do if I do not know the age or

kind of ivory ?

Contact a specialist such as an art

historian, appraiser, or museum curator.

If you know who manufactured the item,

contact the manufacturer for

information. If documentation of the kind

of ivory or age is based on an expert’s

opinion, obtain an affidavit and include the

expert’s credentials. Elephant ivory products.

USFWS
! Is imported or exported for noncommercial purposes and

accompanied by a CITES PreConvention Certificate, showing it was

acquired before July 1, 1975.

Can I sell my pre-Act ivory?

Pre-Act ivory can be sold only to others

residing in your State. However, once the

ivory has entered commerce, it loses its

pre-Act status.

Can my shipment of ivory transit the

United States?

Yes, if the ivory is a bona fide antique or

noncommercial pre-Act item, and

accompanied by the appropriate ESA

and CITES documents.

When are Permits Needed?

If the ivory does not qualify as antique or

pre-Act, you may apply for a permit for

scientific research, or for enhancement of

propagation or survival of the species in

the wild for the following activities:

! Import and Export. CITES import

and export permits are required in

addition to ESA permits. CITES

permits are issued when the export or

purpose of the import will not be

detrimental to species survival;

specimens were legally acquired; and

the import is not for primarily

commercial purposes.

! Interstate and foreign commerce. In

addition, ivory may be advertised for

sale provided the advertisement

Can I sell, import, or export antique

ivory?

Yes, the item can be sold if it is a bona

fide antique and if the sale of ivory is

allowed in your State of residence. Check

with your State conservation agency. An

ivory article can be imported or exported

for commercial or non-commercial

purposes if it is a bona fide antique and

accompanied by:

! Documentation that shows the article

is at least 100 years old and has not

been repaired or modified with any

new ivory since the effective date of

the Act (December 28, 1973).

! A CITES Pre-Convention Certificate

from the Management Authority of

the exporting country.

What is pre-Act (under the ESA) Asian

elephant ivory?

Worked or raw ivory must meet the

following criteria:

! Was acquired or removed from the

wild prior to June 14, 1976, the listing

date of the Asian elephant under the

ESA.

! Has not been held in the course of a

commercial activity (i.e., bought,

bartered, offered for sale, leased)

since that time.

! Is accompanied by a pre-Act affidavit

as outlined in the regulations at 50

CFR 17.4.

contains a statement that the item

may not be sold until an ESA permit

has been obtained from the Service.

The sale of ivory to another resident of

your State is not restricted by the

ESA. Check with your State

conservation agency to meet State

requirements.

What steps do I need to follow to import

or export ivory?

For information on import/export of

ivory, including licenses, ports, clearance,

and document validation, contact the

appropriate regional office of the

Service’s Law Enforcement Division.

1. All persons engaging in business as an

importer or exporter of wildlife must

obtain an Import/Export License.

2. The shipment of ivory must enter and

leave the United States through a port

designated for wildlife shipments or a

non-designated port if you have an

Exception to Designated Port Permit. If

a bona fide antique, it may be shipped

through a Customs Service port

designated for the import/export of

antiques.

3. All shipments must be marked on the

outside of the container with the names

and addresses of the exporter and

importer, as well as an accurate

identification of the species and numbers

of items in the container.

4. Notify the Service inspector at the

intended port of import or export 48

hours prior to conducting the activity.

5. Provide the following documents to the

Service inspector at the port: CITES

permits or certificate; antique or pre-Act

documentation, as appropriate; Wildlife

Declaration Form (3-177); and copies of

airway bill, or bill of lading and invoice.

U.S. Fish & Wildlife Service

International Affairs

Division of Management Authority

4401 N. Fairfax Drive, Room 700

Arlington, VA 22203

703/358-2104 or 800/358-2104

Fax 703/358-2281

e-mail: managementauthority@fws.gov

http://international.fws.gov

http://permits.fws.gov

Summer 2003 Bag inspection.

USFWS