Banned Sales of Materials - Winter 2022

Cultural Property News also has closely followed the evolution of regulations controlling the sales of banned substances. It is important to understand that laws can address international, national, state, or local jurisdictions. It is helpful to be aware of what is happening around the world in ordfer to anticipate what could potentially could come to the States

“Cultural Property News Kate Fitz Gibbon - July 31, 2021

Future UK Ban on Hippo, Narwhal, Whale, and Walrus Ivories?

Govt. Seeks Evidence on Markets, Conservation, Risk to Indigenous Traditions

Fijian Warrior (with whale tooth necklace), Photo by John William (J.W.) Waters, 1884, albumen print, Partial gift of Mark and Carolyn Blackburn, Los Angeles County Museum of Art, public domain.

Kate Fitz Gibbon - July 31, 2021

Necklace, Human-shaped figures and pendants of whale ivory strung on fine plaited coir, Museum of Anthropology and Archaeology, Cambridge.

The UK government is again considering adding ivories (tusks and teeth) from other species to its existing Ivory Act, which prohibits the sale of almost all objects made of elephant ivory.[1] A public consultation on extending the Ivory Act to hippopotamus, narwhal, killer whale, sperm whale and walrus is open until September 11, 2021 on the Department for Environment, Food and Rural Affairs (Defra) website.

The Ivory Act received Royal Assent on December 20, 2018. However, actual implementation of the law is pending while the government establishes a system of applications and review to deal with the Act’s narrow exceptions:

Portrait miniatures on very thin sheets of ivory that are over 100 years of age are not covered by the Act.

Musical instruments made before 1975 with no more than 20% of ivory by volume may be sold. Objects made before 1947 with a minimal ivory content (such as some inlaid furniture) may be sold but only if they contain no more than 10% ivory by volume.

Breast Ornament (civa vonovono), Republic of the Fiji Islands, Whale ivory, pearl shell, and fiber, circa 1850, Los Angeles County Museum of Art, public domain.

The Ivory Act gave the UK government the power to extend restrictions to other species through additional legislation. Defra is now asking for public input on several possible ways of expanding the law.

The three options currently being considered for legislation by Defra are:

Extend the Act to hippopotamus ivory only.

Extend the Act to ivory from five CITES[2] listed species (hippopotamus, narwhal, killer whale, sperm whale and walrus).

Keep the Ivory Act’s application to elephant ivory only and continue to apply current international and domestic conservation rules to other species.

In 2019, Defra held a public consultation regarding expanding the Ivory Act to a number of ivory bearing species; since then, warthogs and extinct mammoths have been taken off the list. There are now five species under consideration for possible trade bans: hippopotamus, narwhal, killer whale, sperm whale and walrus.”

https://culturalpropertynews.org/future-uk-ban-on-hippo-narwhal-whale-and-walrus-ivories/

Antiques Trade Gazette March 2022

Defra confirmed to ATG that there will be an “approximate four-month period from the opening of the registration and certification service [February 24], and the ban coming into force”.

 This means the near-total ban on selling antique items containing ivory in the UK under the Ivory Act is expected to come in to force at some point in June.

 Exemption certificates

Defra said: “We encourage dealers of ivory items to begin registering or certifying their exempted items as soon as possible so that they can become familiar with the process and register or acquire an exemption certificate for their items before the ban comes into force.”

 However items sold before the enforcement of the ban is in place do not need to comply with these new exemption rules. But once the law is enforced it will be illegal to sell ivory works of art unless the item meets one of the five narrow exemptions and is registered or has an exemption certificate.

 When an item is registered the applicant will get a reference number for it to be sold. When it has been certified an exemption certificate will be issued for the sale to be legal. 

 The Animal and Plant Health Agency (APHA) has the role of regulating the act and is responsible for checking registrations and applications.

 The fee for registering will be £20 per item or £50 for a group of objects (up to a maximum of 20 if they are being sold to the same buyer and meet the same exemption). For the group registrations there is a form available which can be obtained from APHA at: ivoryact@alpha.gov.uk

 The five exemptions are:

 ■ Pre-1947 items containing less than 10% ivory by volume.

 ■ Pre-1975 musical instruments containing less than 20% ivory by volume.

 ■ Pre-1918 portrait miniatures with a surface area of no more than 320 sq cm.

 ■ Sales to, and hire agreements with, qualifying museums.

 ■ Pre-1918 items with outstanding artistic, cultural or historical value.

 However, applying to sell an antique (pre-1918) on the grounds it is of ‘outstandingly high artistic, cultural or historical value’ will be subject to a fee of £250, comprised of £20 for registration and £230 to cover the cost of expert advice provided by a committee of museum specialists.

 The main guidance page called  Dealing in items containing ivory is available alongside other pages such as a  guide for buyers and for applying for exemptions.

 Defra also reminded people that breaking the law could mean a maximum £250,000 fine or five years’ imprisonment.

 Defra added: “We welcome your views and will be listening to your feedback as we seek to ensure these new regulations are fully understood and complied with.”