(1) Ejiao is a gelatin created from the skins of 
donkeys which is used in traditional Chinese medi-
cine, beauty, cosmetic, and other luxury products. 
(2) The donkey skin trade for the production of 
ejiao is decimating global donkey populations and 
harming impoverished global communities. 
(3) Studies have shown that the use of ejiao is 
unnecessary in the production of these products 
since the gelatins from other sources, including 
plants, may be used instead. 
(4) Millions of donkeys are slaughtered annu-
ally for their skins to make ejiao. 
(5) The domestic Chinese and international de-
mand for donkey skins is approximately 8,000,000 
to 10,000,000 skins per year but the annual supply 
in China is less than 1,800,000. 
(6) Such demand has led to the slaughter of 
massive numbers of donkeys across the globe, deci-
mating donkey populations, most notably in Africa 
and Latin America. 
(7) Such demand has had devastating effects on 
the families who depend on donkeys for survival, 
such as for farming and construction; transporting 
water to drink, cook, and clean; taking products to 
market for sale; and transporting children to school. 
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(8) A report by the Kenya Agricultural and 
Livestock Research Organization said that 159,631 
donkeys were slaughtered for their skins, 8.1 percent 
of the population, in 2018. Today, up to 1,000 don-
keys a day can be slaughtered in Kenya alone, more 
than 300,000 a year. 
(9) Donkeys are regularly stolen and killed ille-
gally solely for their skins. Moreover, donkeys are 
often stolen from families who depend on them for 
their livelihoods, and who are already struggling and 
living below the regional poverty line. 
(10) Where owners willingly sell their donkeys, 
they find that within months they are worse off fi-
nancially than they would have been had they kept 
their donkeys. As prices constantly rise, it becomes 
impossible for these owners to go back into the mar-
ket for a new donkey. 
(11) Although ejiao products are expensive, as 
the Chinese middle class has expanded, demand for 
ejiao products has exploded over the course of the 
last decade. As a result, the donkey population in 
China has collapsed by 76 percent since 1992. 
(12) Ejiao companies have set up donkey breed-
ing schemes in China in an attempt to breed the 
species on a scale sufficient to meet local demand. 
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But due to the long gestation period of donkeys, and 
the fact that they often only give birth once a year, 
breeders have not been able to satisfy demand from 
within China, which is why ejiao companies have 
turned to Africa and Latin America to satisfy de-
mand for ejiao. 
(13) A crisis in donkey populations has been 
met with varied responses from affected countries. 
Bans in the trade of donkey skins in seven African 
countries have been poorly enforced or overturned. 
(14) As demand for ejiao continues unabated, 
donkey populations in lower-income countries con-
tinue to nosedive, despite governmental efforts to 
outlaw the trade. 
(15) In February 2024, the African Union 
adopted a moratorium on the donkey skin trade, sig-
naling a potential end to the legal slaughter of hun-
dreds of thousands of donkeys within the continent. 
The moratorium now needs to be implemented at the 
national level by the members of the African Union. 
This implies potential growth in the illegal trade and 
expansion into other markets in Asia and Latin 
America. 
(16) The leading importers in the world for 
ejiao are Hong Kong and Japan. However, the 
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United States is the third largest importer of ejiao, 
with $12,000,000 in annual imports of ejiao each 
year. 
SEC. 3. PROHIBITIONS. 
(a) DONKEYS AND DONKEY HIDES.—No person shall 
knowingly import, export, transport, sell, receive, acquire, 
or purchase, in interstate or foreign commerce, in the 
United States, any donkey or donkey hide for the purpose 
of producing— 
(1) ejiao; or 
(2) any product containing ejiao. 
(b) PRODUCTS WITH EJIAO.—No person shall know-
ingly import, export, transport, sell, receive, acquire, or 
purchase, in interstate or foreign commerce (including by 
means of the internet), in the United States, any product 
containing ejiao. 
(c) RULE
OF
CONSTRUCTION.—The prohibitions 
under this section may not be construed to alter or other-
wise affect any prohibition or other protection with respect 
to a species of donkey listed as a threatened species or 
an endangered species under the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.). 
SEC. 4. PENALTIES AND SANCTIONS. 
(a) CIVIL PENALTIES.— 
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(1) IN GENERAL.—Any person who engages in 
conduct prohibited by section 3 may be assessed a 
civil penalty by the Commissioner of U.S. Customs 
and Border Protection of not more than $10,000 for 
each such violation. Each violation shall be a sepa-
rate offense and the offense shall be deemed to have 
been committed not only in the district where the 
violation first occurred, but also in any district in 
which a person may have taken or been in posses-
sion of— 
(A) in the case of a violation of section 
3(a), the donkey or donkey hide; or 
(B) in the case of a violation of section 
3(b), the product containing ejiao. 
(2) DETERMINATION
OF
AMOUNT.—In deter-
mining the amount of any penalty assessed under 
this subsection, the Commissioner shall take into ac-
count the nature, circumstances, extent, and gravity 
of the prohibited act committed, and with respect to 
the violator, the degree of culpability, ability to pay, 
and such other matters as justice may require, and 
shall apply existing procedures relating to the as-
sessment and mitigation of penalties of violations of 
section 596 of the Tariff Act of 1930 (19 U.S.C. 
1595a) as the Commissioner determines appropriate. 
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(b) REVIEW
OF
CIVIL
PENALTY.—Any person 
against whom a civil penalty is assessed under this section 
may obtain review thereof in the Court of International 
Trade by filing a complaint in such court within 30 days 
after the date of such order and by simultaneously serving 
a copy of the complaint by certified mail on the Commis-
sioner, the Attorney General, and the appropriate United 
States attorney. The Commissioner shall promptly file in 
such court a certified copy of the record upon which such 
violation was found or such penalty imposed, as provided 
in section 2112 of title 28, United States Code. If any 
person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order or after the 
appropriate court has entered final judgment in favor of 
the Commissioner, the Commissioner may request the At-
torney General of the United States to institute a civil ac-
tion in an appropriate district court of the United States 
to collect the penalty, and such court shall have jurisdic-
tion to hear and decide any such action. In hearing such 
action, the court shall have authority to review the viola-
tion and the assessment of the civil penalty de novo. 
(c) CRIMINAL PENALTIES.— 
(1) IMPORT OR EXPORT; VALUE IN EXCESS OF 
$350.—Any person who— 
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(A) in violation of section 3, knowingly im-
ports or exports— 
(i) any donkey or donkey hide; or 
(ii) any product containing ejiao; or 
(B) violates section 3 by knowingly engag-
ing in conduct that involves the sale or pur-
chase of, the offer of sale or purchase of, or the 
intent to sell or purchase— 
(i) any donkey or donkey hide with a 
market value in excess of $350; or 
(ii) any product containing ejiao with 
a market value in excess of $350, 
knowing that the donkey, donkey hide, or product 
containing ejiao was taken, possessed, transported, 
or sold in violation of such section, shall be fined not 
more than $20,000 (notwithstanding the maximum 
fine amount otherwise applicable under section 3751 
of title 18, United States Code), or imprisoned for 
not more than 5 years, or both. Each violation shall 
be a separate offense and the offense shall be 
deemed to have been committed not only in the dis-
trict where the violation first occurred, but also in 
any district in which the defendant may have taken 
or been in possession of such donkey, donkey hide, 
or product containing ejiao. 
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(2) OTHER PROHIBITED CONDUCT.—Any per-
son who knowingly engages in conduct prohibited by 
section 3 and in the exercise of due care should 
know that the donkey, donkey hide, or product con-
taining ejiao was taken, possessed, transported, or 
sold in violation of such section shall be fined not 
more than $10,000 (notwithstanding the maximum 
fine amount otherwise applicable under section 3751 
of title 18, United States Code), or imprisoned for 
not more than 1 year, or both. Each violation shall 
be a separate offense and the offense shall be 
deemed to have been committed not only in the dis-
trict where the violation first occurred, but also in 
any district in which the defendant may have taken 
or been in possession of such donkey, donkey hide, 
or product containing ejiao. 
SEC. 5. FORFEITURE. 
(a) IN GENERAL.— 
(1) DONKEYS AND DONKEY HIDES.—All don-
keys or donkey hides imported, exported, trans-
ported, sold, received, acquired, or purchased con-
trary to the provisions of section 3(a), or any regula-
tion issued pursuant to such section, shall be subject 
to forfeiture to the United States notwithstanding 
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any culpability requirements for civil penalty assess-
ment or criminal prosecution included in section 4. 
(2) PRODUCTS WITH EJIAO.—All products con-
taining ejiao imported, exported, transported, sold, 
received, acquired, or purchased contrary to the pro-
visions of section 3(b), or any regulation issued pur-
suant to such section, shall be subject to forfeiture 
to the United States notwithstanding any culpability 
requirements for civil penalty assessment or criminal 
prosecution included in section 4. 
(3) EQUIPMENT.—All vessels, vehicles, aircraft, 
and other equipment used to aid in the importing, 
exporting, transporting, selling, receiving, acquiring, 
or purchasing of donkeys, donkey hides, or products 
containing ejiao in a criminal violation of this Act 
for which a felony conviction is obtained shall be 
subject to forfeiture to the United States if— 
(A) the owner of such vessel, vehicle, air-
craft, or equipment was at the time of the al-
leged illegal act a consenting party or privy 
thereto or in the exercise of due care should 
have known that such vessel, vehicle, aircraft, 
or equipment would be used in a criminal viola-
tion of this Act; and 
(B) the violation involved— 
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(i) the sale or purchase of, the offer 
of sale or purchase of, or the intent to sell 
or purchase, a donkey or donkey hide; or 
(ii) the import, export, transportation, 
sale, receipt, acquisition, or purchase of a 
product containing ejiao. 
(b) APPLICATION OF CUSTOMS LAWS.—All provisions 
of law relating to the seizure, forfeiture, and condemnation 
of property for violation of the customs laws, the disposi-
tion of such property or the proceeds from the sale thereof, 
and the remission or mitigation of such forfeiture, shall 
apply to the seizures and forfeitures incurred, or alleged 
to have been incurred, under the provisions of this Act, 
insofar as such provisions of law are applicable and not 
inconsistent with the provisions of this Act; except that 
all powers, rights, and duties conferred or imposed by the 
customs laws upon any officer or employee of U.S. Cus-
toms and Border Protection may, for the purposes of this 
Act, also be exercised or performed by the Secretary of 
Homeland Security or by such persons as that Secretary 
may designate. 
(c) STORAGE COST.—Any person convicted of an of-
fense, or assessed a civil penalty, under section 4 shall 
be liable for the costs incurred in the storage, care, and 
maintenance of any donkey, donkey hide, or product con-
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taining ejiao seized in connection with the violation con-
cerned. 
(d) CIVIL FORFEITURES.—Civil forfeitures under 
this section shall be governed by the provisions of chapter 
46 of title 18, United States Code. 
SEC. 6. ENFORCEMENT. 
(a) IN GENERAL.—The provisions of this Act and 
any regulations issued pursuant thereto shall be enforced 
by U.S. Customs and Border Protection and the Secretary 
of the Interior. The Secretary of Homeland Security, the 
Secretary of Agriculture, or the Secretary of Interior may 
utilize by agreement, with or without reimbursement, the 
personnel, services, and facilities of any other Federal 
agency or any State agency or Indian tribe for purposes 
of enforcing this Act. 
(b) POWERS.— 
(1) IN
GENERAL.—Any person authorized 
under subsection (a) to enforce this Act— 
(A) may carry firearms; 
(B) may, when enforcing this Act, make an 
arrest without a warrant, in accordance with 
any guidelines which may be issued by the At-
torney General, for any offense under the laws 
of the United States committed in the person’s 
presence, or for the commission of any felony 
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under the laws of the United States, if the per-
son has reasonable grounds to believe that the 
person to be arrested has committed or is com-
mitting a felony; 
(C) may search and seize, in accordance 
with applicable warrant requirements applying 
with respect to officers of U.S. Customs and 
Border Protection relating to searches at the 
border or elsewhere and any guidelines which 
may be issued by the Attorney General: Pro-
vided, That an arrest for a felony violation of 
this Act that is not committed in the presence 
or view of any such person and that involves 
only the transportation, acquisition, receipt, 
purchase, or sale of a donkey, donkey hide, or 
product containing ejiao taken or possessed in 
violation of any law or regulation of any State 
shall require a warrant; 
(D) may make an arrest without a warrant 
for a misdemeanor violation of this Act if he 
has reasonable grounds to believe that the per-
son to be arrested is committing a violation in 
his presence or view; and 
(E) may execute and serve any subpoena, 
arrest warrant, search warrant issued in ac-
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cordance with rule 41 of the Federal Rules of 
Criminal Procedure, or other warrant of civil or 
criminal process issued by any officer or court 
of competent jurisdiction for enforcement of 
this Act. 
(2) DETENTION AND INSPECTION.—Any person 
authorized under subsection (a) to enforce this Act, 
in coordination with the Commissioner of U.S. Cus-
toms and Border Protection, may detain for inspec-
tion and inspect any vessel, vehicle, aircraft, or other 
conveyance or any package, crate, or other con-
tainer, including its contents, upon the arrival of 
such conveyance or container in the United States or 
the customs waters of the United States from any 
point outside the United States or such customs 
waters, or, if such conveyance or container is being 
used for exportation purposes, prior to departure 
from the United States or the customs waters of the 
United States. Such person may also inspect and de-
mand the production of any documents and permits 
required by the country of natal origin, birth, or re-
export of the donkey. Any donkey, donkey hide, 
product containing ejiao, property, or item seized 
shall be held by any person authorized by the Com-
missioner pending disposition of civil or criminal 
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proceedings, or the institution of an action in rem 
for forfeiture of such donkey, donkey hide, product 
containing ejiao, property, or item pursuant to sec-
tion 5 of this Act; except that the Commissioner 
may, in lieu of holding such donkey, donkey hide, 
product containing ejiao, property, or item, permit 
the owner or consignee to post a bond or other sur-
ety satisfactory to the Commissiner. 
(c) DISTRICT COURT JURISDICTION.—The several 
district courts of the United States, including the courts 
enumerated in section 460 of title 28, United States Code, 
shall have jurisdiction over any criminal action arising 
under this Act. The venue provisions of title 18 and title 
28 of the United States Code shall apply to any criminal 
action arising under this Act. The judges of the district 
courts of the United States and the United States mag-
istrates may, within their respective jurisdictions, upon 
proper oath or affirmation showing probable cause, issue 
such warrants or other process as may be required for en-
forcement of this Act and any regulations issued there-
under. 
(d) REWARDS
AND
CERTAIN
INCIDENTAL
EX-
PENSES.— 
(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection, or the Secretary of 
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the Interior, shall pay, from sums received as pen-
alties, fines, or forfeitures of property for any viola-
tion of this Act or any regulation issued here-
under— 
(A) a reward, in an amount designated by 
the Commissioner or Secretary, as applicable, 
to any person who furnishes information which 
leads to an arrest, a criminal conviction, civil 
penalty assessment, or forfeiture of property for 
any violation of this Act or any regulation 
issued hereunder; and 
(B) the reasonable and necessary costs in-
curred by any person in providing temporary 
care for any donkey pending the disposition of 
any civil or criminal proceeding alleging a viola-
tion of this Act with respect to that donkey. 
(2) INELIGIBILITY.—Any officer or employee of 
the United States or any State or local government 
who furnishes information or renders service in the 
performance of his official duties is ineligible for 
payment under this subsection. 
SEC. 7. DEFINITIONS. 
In this Act: 
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(1) DONKEY.—The term ‘‘donkey’’ means a 
wild, feral, or domestic donkey, ass, mule, burro, or 
hinny, including Equus africanus and Equus asinus. 
(2) EJIAO.—The term ‘‘ejiao’’ means a gelatin 
created from the skin of a donkey (also known as 
‘‘gelatina nigra’’). 
(3) IMPORT.—The term ‘‘import’’ has the 
meaning given such term for purposes of section 596 
of the Tariff Act of 1930 (19 U.S.C. 1595a) and in-
clude any introduction or attempt to introduce an 
article into the United States. 
(4) TAKEN.—The term ‘‘taken’’ means cap-
tured, killed, or collected. 
Æ 
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