Can You Bring Old Ivory Into the US?
Whether or not you can bring old ivory into the United States depends on a few key factors. The importation of ivory into the US is highly regulated in order to discourage the poaching of elephants for their tusks. However, there are some exceptions that allow for antiques containing ivory to be imported under certain conditions.
Current US Regulations on Ivory Imports
In 2016, the USFish and Wildlife Service instituted a near-total ban on commercial ivory trade within the United States. This ban made it illegal to import ivory for commercial purposes. The only exceptions are for:
- Antique ivory imported for non-commercial purposes
- Sport-hunted elephant trophies
- Ivory imported for law enforcement, scientific, or educational purposes
This means that the average person cannot legally import ivory to sell. You can only bring ivory into the country for personal use as part of an antique or as part of a sport-hunted trophy under strict regulations.
Requirements for Importing Antique Ivory
To qualify for the antique ivory exception, several criteria must be met:
- The ivory must be at least 100 years old
- The ivory must have been imported before the listing of the African elephant under CITES Appendix I in 1990
- The ivory must be accompanied by a valid CITES pre-Convention certificate
- The ivory must be part of a bona fide antique
Documentation proving the age of the ivory must be provided. This can include appraisals, invoices, photographs, and other evidence. The burden of proof is on the importer.
In addition, the antiques must be imported for personal use only. They cannot be brought to the US for sale or commercial activity. The antiques can be inherited, purchased, received as a gift, or part of a household move into the US.
African Elephant Ivory vs Asian Elephant Ivory
Import regulations differ slightly depending on whether the ivory comes from the African elephant or the Asian elephant. Ivory from the African elephant has stricter requirements because this species is more at risk and closer to extinction.
African Elephant Ivory
- Has been listed under CITES Appendix I since 1990
- Commercial import is prohibited
- Can only be imported as part of an antique over 100 years old with CITES paperwork
Asian Elephant Ivory
- Listed under CITES Appendix I since 1975, but restrictions are less strict
- Antiques are allowed but still require CITES permits
- Trophies can be imported with permits
Penalties for Illegal Ivory Imports
If you attempt to import ivory without meeting the antique exemption requirements, significant penalties can be imposed such as:
- Up to $250,000 in civil penalties per violation
- Up to 5 years in prison
- Forfeiture of the ivory
- Loss of wildlife import/export privileges
Criminal violations may involve higher fines and longer prison sentences depending on the circumstances.
Requirements for Sport-Hunted Ivory Trophies
In some parts of Africa, it is legal to hunt elephants for sport. Hunters are allowed to import ivory from legally harvested elephants as trophies back to the United States if certain criteria are met, including:
- The hunter had appropriate permits in the country of harvest
- The country of harvest has CITES export approval
- The trophy qualifies under the US Endangered Species Act import requirements
Detailed documentation must be provided, and the importer may need to provide proof that the hunting actually benefited conservation in order for the import to be approved.
Conclusion
While there is a general ban on ivory imports in the US, there are exceptions that allow antiques and some sport-hunted trophies to be brought into the country. However, strict permitting requirements must be met, with the burden of proof on the importer. Illegal import of new ivory or ivory that does not clearly meet the antique exemption requirements can result in serious penalties and fines. When in doubt, work with a qualified expert to ensure documentation is sufficient before attempting to import any products containing ivory.