Items made of or containing ivory

Basic information

1

Outline of the system

The Ivory Act (2018) applies to the import to the UK and export from the UK of items made of or containing elephant ivory which are intended to be dealt. Under the Ivory Act ‘dealing in ivory’ means to:

• buy, sell or hire it;
• offer or arrange to buy, sell or hire it;
• keep it for sale or hire;
• export it from the UK for sale or hire;
• import it into the UK for sale or hire.

The Ivory Act (2018) is regulated by the Animal and Plant Health Agency (APHA) on behalf of the Secretary of State for the Department of Environment, Food and Rural Affairs (Defra).

2

Product coverage

(i) The Ivory Act (2018) prohibits the import and export of items made of or containing elephant ivory for the purposes of dealing those items, unless they fall within one of five exemptions. There are four standard exemptions which require registration under Section 10 of the Act (Section 10):

• musical instruments made before 1975 with less than 20% ivory by volume
• items made before 3 March 1947 with less than 10% ivory by volume
• portrait miniatures made before 1918 with a surface area smaller than 320 square centimetres
• items that a qualifying museum intends to buy or hire

There is a separate exemption for which a certificate is required under Section 2 of the Act (Section 2) for items that are pre-1918 and of outstandingly high artistic, cultural or historical value.

(ii) The Ivory Act (2018) does not affect the ownership of ivory and the import to the UK or export from the UK of ivory items for personal use.

Items made of or containing ivory (see Products)
Footnote 3: The 'CITES' column in the table refers to the commodity codes in scope of the Ivory Act. In practice, this means that, when a trader chooses a code that is in scope of the Act, they will see a footnote advising them that ivory items can only be traded if they have a reg number/exemption cert., and they will also be informed that the item is controlled under the CITES code C400 which applies to that commodity code too (and that they have to present a CITES permit).

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Non-automatic licensing to protect human, animal or plant life and health; protect environment; pursue obligations under the UN Charter and other international treaties.

5

Products under restriction as to the quantity or value of imports

The purpose of the Act is to help conserve elephant populations, specifically by reducing poaching, through significantly limiting the legal market for ivory items in the UK. This is intended to reduce demand for ivory both within the UK and overseas through the application of the sales ban to re-exports of ivory items from the UK. The Act also aims to remove the opportunity to launder recently poached ivory as old ivory items through legal markets, and for it to be re-exported to "demand" markets, i.e., those markets where ivory continues to be a desirable commodity. Such markets are also the primary destinations for newly poached and illegally-sourced ivory. This is intended to prevent products from the UK contributing, including inadvertently, to markets which create a demand for ivory, driving poaching and the illegal trade in ivory. Finally, the ivory ban will demonstrate the UK does not consider commercial activities in any ivory that could fuel poaching to be acceptable and it sends a message that similar actions should be taken globally.

6

Questions for products under restriction as to the quantity or value of imports

The Act applies globally to all imports to the UK of ivory items that are intended to be dealt.

7

The system applies to products originating from which country?

The registration and certification requirement applies to all traders and individuals dealing in ivory items in the UK, including importing to or exporting from the UK for the purposes of dealing.

8

Expected duration of licensing procedure

The licensing procedure will commence from 6 June and continue for as long as the regime as set out in the Ivory Act 2018 is in force.

Registering an item under a standard exemption is instantaneous as it is done as a self-declaration using the digital ivory service.

Applying for an exemption certificate to import a pre-1918 outstandingly high artistic, cultural or historical value item can take up to 35 working days.

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

Registrations/applications for exemption certificates are typically carried out using an online service. However, for accessibility purposes there are paper forms (attached) for registrations under Section 10 and applications under Section 2.

13

What persons or firms are eligible to apply for a licence?

14

Is there a registration fee?

Pay an administration fee of £20.

15

Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

Animal and Plant Health Agency

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Address

Centre for International Trade – Bristol, Horizon House, Deanery Road, Bristol, BS1 5AH

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Telephone

(+44) 03000 200 301

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Fax

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E-mail address

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Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Documentation requirements

24

What information is required in applications?

(i) For registrations under Section 10, the applicant must:

• Add up to six photos of the item. They must include a photo of the whole item and any distinguishing features, including where the ivory is.
• Describe the item and how it meets the exemption criteria.
• Provide contact details.
• Declare that the item in their opinion meets the relevant exemption criteria
• Pay an administration fee of £20.

(ii) When applying for an exemption certificate under Section 2, the applicant must:

• Explain their reasons why the item meets the exemption criteria
• Include supporting documents that show an item’s artistic, cultural or historic value
• Provide clear photographs of the item that shows any distinguishing features
• Provide contact details
• Pay an administration fee of £250.

Registrations/applications for exemption certificates are typically carried out using an online service. However, for accessibility purposes there are paper forms (attached) for registrations under Section 10 and applications under Section 2.

25

What documents is the importer required to supply with the application?

(i) For registrations under Section 10, the applicant must:

• Add up to six photos of the item. They must include a photo of the whole item and any distinguishing features, including where the ivory is.
• Describe the item and how it meets the exemption criteria.
• Provide contact details.
• Declare that the item in their opinion meets the relevant exemption criteria
• Pay an administration fee of £20.

(ii) When applying for an exemption certificate under Section 2, the applicant must:

• Explain their reasons why the item meets the exemption criteria
• Include supporting documents that show an item’s artistic, cultural or historic value
• Provide clear photographs of the item that shows any distinguishing features
• Provide contact details
• Pay an administration fee of £250.

Registrations/applications for exemption certificates are typically carried out using an online service. However, for accessibility purposes there are paper forms (attached) for registrations under Section 10 and applications under Section 2.

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Applications for a registration or exemption certificate can be made at any time.

Issuing the license

28

Can a licence be granted immediately on request?

(i) Registrations under a standard exemption (Section 10) are instantaneous. The applicant applies online and makes a self-declaration that the item is compliant. After making their declaration they are issued (emailed) immediately with the registration number.
(ii) Applying for an exemption certificate to import a pre-1918 outstandingly high artistic, cultural or historical value item (Section 2) can take around 35 working days. This is because the item must be considered by a Prescribed Institution who will provide an opinion as to whether the item meets the criteria for the exemption. APHA will then decide whether or not to issue an exemption certificate.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

Before an ivory item can be dealt (as defined in 1 above) the person must either have a valid registration number for the item or an exemption certificate. Items that are checked at the border and that do not have either of these will be seized. The registration documentation or exemption certificate are not required to be transported with the item. However, the registration number or exemption certificate reference may be required for CITES paperwork and customs forms. Customs officers can check whether items have the required exemption by contacting APHA.

30

Which administrative body is responsible for approving application of licences?

Animal and Plant Health Agency (APHA) on behalf of the Secretary of State for the Department of Environment, Food and Rural Affairs (DEFRA)

31

Must the applications be passed on to other organs for visa, note or approval?

32

Are there any other conditions attached to the issue of a licence?

N/A

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

Yes.

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What is the amount of the fee or charge?

£20 to register an individual item under Section 10. £50 for a group registration under Section 10. This is for groups of 3 to 20 items that each individually meet the same exemption and form part of the same transaction (being sold or hired out to the same person). £250 to apply for an exemption certificate under Section 2.

35

Is there any deposit or advance payment required associated with the issue of licences?

No, the payment is made at the time of the application.

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Amount or rate?

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Is it refundable?

It is non-refundable.

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What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Registrations that are checked and found to be non-compliant are cancelled by APHA and the item cannot be dealt.

41

Are the reasons for any refusal given to applicants?

For Section 2 items, the reasons for a refusal to issue an exemption certificate are given to the applicant.

42

Have applicants a right of appeal in the event of refusal to issue a licence?

Applicants have the right to appeal the decision to the First-tier Tribunal under The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules (2009) (SI2009/1976).

43

If so, to what bodies and under what procedures?

Applicants have the right to appeal the decision to the First-tier Tribunal under The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules (2009) (SI2009/1976).

Importation

44

Are there any limitations as to the period of year during which importation may be made?

45

What documents are required upon actual importation?

Before ivory items can be legally dealt a valid registration number or exemption certificate must have been issued for the item. The registration documentation or exemption certificate are not required to be transported with the item. However, the registration number or exemption certificate reference may be required for CITES paperwork and customs forms.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Under the Ivory Act 2018 there are no other administrative/procedural requirements prior to importation.

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

Each time an item registered under Section 10 is sold or hired out, the owner or applicant will need to make a new registration and pay the registration fee. Items registered under Section 10 are exempt for one transaction. If the new owner wishes to deal the item they must make a new application to register that item.

Exemption certificates under Section 2 exist in perpetuity provided that the item continues to meet the condition of the exemption.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for non-utilisation of a registration or exemption certificate.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

(i) For items registered under Section 10, the registration does not transfer from one owner to the next.

(ii) An exemption certificate is issued for an item and is transferred to a new owner each time the item is dealt. The new owner must notify APHA of their contact details if their intention is to deal in the item. The new owner must:

• provide their contact details (including email address, if any);
• if the applicant is not the owner, the applicant must provide the name and address of the owner;
• confirm whether the item is going to be sold or hired (where this is known);
• declare that the exemption certificate relates to the item that is going to be sold or hired
• declare that the information on the exemption certificate remains accurate and complete
• declare that the item continues to satisfy the conditions of being of outstandingly high artistic, cultural or historical value;
• pay a £20 administration fee.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

No foreign exchange control.

51

Is a licence required as a condition to obtaining foreign exchange?

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?