I 

113TH CONGRESS 

2D SESSION H. R. 5454 

To amend the African Elephant Conservation Act to provide for trade sanctions against countries involved in illegal ivory trade, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 11, 2014 

Mr. DEFAZIO introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Ways 

and Means, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the African Elephant Conservation Act to provide 

for trade sanctions against countries involved in illegal 

ivory trade, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Targeted Use of Sanc5 tions for Killing Elephants in Their Range Act of 2014’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—The Congress finds that— 


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1 (1) poaching of African elephants has increased 

2 dramatically since 2006, and has reached levels that 

3 threaten the continued existence of many elephant 

4 populations; 

5 (2) poaching of African elephants is being driv6 en by increased demand for ivory in Asia, which has 

7 caused ivory prices to rise exponentially in recent 

8 years; 

9 (3) high ivory prices have drawn organized 

10 criminal elements into the illegal ivory trade, and it 

11 is widely recognized that transnational crime rings 

12 involved in trafficking in drugs, guns, and humans 

13 are also responsible for trafficking in large quan14 tities of poached ivory from Africa to Asia; 

15 (4) there is significant evidence that terrorist 

16 and insurgent groups in Africa, including groups 

17 with ties to al-Qaeda, are financing their operations 

18 through the sale of illegal ivory; 

19 (5) the elephant poaching crisis has become so 

20 severe, and the tactics of poachers so sophisticated, 

21 that traditional approaches to conservation law en22 forcement intended to protect elephants in their 

23 habitat in Africa are failing; 

24 (6) a number of countries that serve as major 

25 source, transit, or destination points for illegal ivory 


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1 have proven unable or unwilling to stop the product 

2 from coming across their borders; and 

3 (7) strategies to reduce demand for ivory 

4 through education and other nonbinding means are 

5 necessary, but not sufficient, to conserve African ele6 phant populations. 

7 (b) PURPOSE.—The purpose of this Act is to provide 

8 a means by which the United States can affect demand 

9 for and illegal trafficking of African elephant ivory in 

10 other countries by requiring those countries to enter into 

11 consultations with the United States to end the illegal 

12 ivory trade, as a condition of continued access to United 

13 States markets for other natural resource products. 

14 SEC. 3. ILLEGAL IVORY TRADE DEFINED. 

15 Section 2305 of the African Elephant Conservation 

16 Act (16 U.S.C. 4244) is amended by redesignating para17 graphs (5) through (13) as paragraphs (6) through (14), 

18 respectively, and by inserting after paragraph (4) the fol19 lowing: 

20 ‘‘(5) ILLEGAL IVORY TRADE.—The term ‘illegal 

21 ivory trade’ means any sale, purchase, barter, tran22 sit, or exchange of raw ivory or worked ivory that 

23 was taken in violation of the laws of an ivory pro24 ducing country or of international wildlife trade 

25 agreements, including CITES.’’. 


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1 SEC. 4. AMENDMENT TO FINDINGS IN AFRICAN ELEPHANT 

2 CONSERVATION ACT. 

3 Section 2003 of the African Elephant Conservation 

4 Act (16 U.S.C. 4202) is amended by adding at the end 

5 the following: 

6 ‘‘(10) Poaching and trafficking of wildlife has 

7 become a global crisis, funding organized criminal 

8 syndicates and terrorist organizations and harming 

9 elephant populations and local communities. African 

10 elephant ivory is at the center of this crisis, and im11 mediate action is necessary to eliminate the demand 

12 for ivory and the profit incentive for poachers and 

13 traffickers.’’. 

14 SEC. 5. STATEMENT OF POLICY. 

15 Section 2004 of the African Elephant Conservation 

16 Act (16 U.S.C. 4203) is amended— 

17 (1) by striking ‘‘and’’ after the semicolon at the 

18 end of paragraph (1); 

19 (2) by striking the period at the end of para20 graph (2) and by inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(3) to prevent additional African elephant 

23 ivory from entering global commerce, and to reduce 

24 demand for ivory that is driving elephant poaching 

25 by limiting natural resources-related trade with 


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1 countries whose nationals are engaged in illegal 

2 ivory trade.’’. 

3 SEC. 6. CERTIFICATION UNDER FISHERMEN’S PROTECTIVE 

4 ACT OF 1967. 

5 Section 2202 of the African Elephant Conservation 

6 Act (16 U.S.C. 4222) is amended by adding at the end 

7 the following: 

8 ‘‘(g) CERTIFICATION.—Identification of a country by 

9 the CITES Standing Committee as a country of primary 

10 concern because it is a significant source or transit or des11 tination point for illegal ivory trade is deemed to be a cer12 tification with respect to the country for the purposes of 

13 section 8(a) of the Fishermen’s Protective Act of 1967 (22 

14 U.S.C. 1978(a)).’’. 

15 SEC. 7. CONSULTATION AND SANCTION. 

16 (a) IN GENERAL.—Part II of the African Elephant 

17 Conservation Act (16 U.S.C. 4221 et seq.) is amended by 

18 adding at the end the following: 

19 ‘‘SEC. 2206. CONSULTATION AND SANCTION. 

20 ‘‘(a) CONSULTATION.—Not later than 30 days after 

21 a certification with respect to the country under section 

22 2202(g), the President shall seek to enter into consulta23 tions with the government of the country for the purpose 

24 of obtaining an agreement that will immediately terminate 

25 all illegal ivory trade into, out of, or within that country. 


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1 ‘‘(b) PROHIBITION ON TRADE IN RELATED NATURAL

2 RESOURCES.— 

3 ‘‘(1) IN GENERAL.—If consultations with a gov4 ernment under subsection (a) are not satisfactorily 

5 concluded within 90 days or if a government refuses 

6 to enter into consultations, the President shall direct 

7 the Secretary to prohibit the importation into the 

8 United States of products of wildlife, fish, and 

9 plants from that country until the earlier of— 

10 ‘‘(A) the date an agreement with the coun11 try under subsection (a) is finalized; or 

12 ‘‘(B) the date the CITES Standing Com13 mittee finds that the country is no longer a sig14 nificant source or transit or destination point 

15 for illegal ivory trade. 

16 ‘‘(2) PUBLIC NOTICE.—The Secretary shall 

17 publish public notice of any prohibition under this 

18 subsection not later than 30 days before the effective 

19 date of the prohibition. 

20 ‘‘(c) DETERMINATION OF EFFECTIVENESS OF SANC21 TIONS.—Not later than 180 days after the effective date 

22 of a prohibition under subsection (b), the Secretary shall 

23 determine and report to Congress whether— 


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1 ‘‘(1) the prohibition is sufficient to cause the 

2 country to terminate illegal ivory trade into, out of, 

3 or within that country; and 

4 ‘‘(2) that country has retaliated against the 

5 United States as a result of that prohibition.’’. 

6 (b) COUNTRIES IDENTIFIED BEFORE ENACT7 MENT.—In the case of a country that before the date of 

8 the enactment of this Act was identified by the CITES 

9 Standing Committee as a country of primary concern be10 cause it is a significant source or transit or destination 

11 point for illegal ivory trade and that the CITES Standing 

12 Committee continues to identify as such on the date of 

13 the enactment of this Act, the President shall seek to enter 

14 into consultations under the amendment made by sub15 section (a) by not later than 30 days after the date of 

16 the enactment of this Act. 

Æ 


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