Your Guide to UK Ivory Regulations

The United Kingdom has long been a leader in wildlife conservation efforts, and this commitment is powerfully reflected in its stringent laws concerning the trade of ivory. The introduction of the Ivory Act 2018 marked a significant step, implementing one of the world's toughest bans on ivory dealing to protect endangered species. This comprehensive guide will demystify the regulations, helping you understand your obligations if you possess, or intend to buy or sell, items made of or containing ivory in the UK. Navigating these rules is crucial, not only for compliance but also to contribute to the global fight against illegal wildlife trade.

Understanding the nuances of the Act is paramount, as non-compliance carries severe penalties. Whether you're an antique dealer, a collector, or simply someone who has inherited an ivory item, knowing the specific conditions under which certain items can be legally dealt with is essential. This article will cover the scope of the Act, define what constitutes 'dealing', outline the various exemptions available, and guide you through the application process, ensuring you have all the necessary information at your fingertips.

The Scope of the Ivory Act 2018: What You Need to Know

The Ivory Act 2018 is designed to prevent the commercial dealing of ivory from certain species within the UK. It's a broad piece of legislation that seeks to close down routes for illegal ivory to enter the market. It's not just about elephant ivory; the Act specifically lists several species whose ivory is subject to these strict controls. Understanding which species are covered is your first step in determining if your item falls under the Act's purview.

Species Covered by the Act

The Act applies to items made of or containing ivory from the following species:

• Elephant
• Hippopotamus
• Killer whale
• Narwhal
• Sperm whale

If your item contains ivory from any of these listed species, you must assume it is subject to the Act, and therefore, you will need to consider whether an exemption applies if you intend to deal with it.

Defining 'Dealing' in Ivory

The term 'dealing' under the Ivory Act 2018 is far-reaching and covers a wide array of activities beyond simple buying or selling. It's important to understand this broad definition, as engaging in any of these activities without the necessary exemption can lead to serious legal consequences. You are considered to be 'dealing' in ivory if you:

• Buy, sell, or hire out an ivory item. This includes trading or swapping it for something of value or at a discount.
• Offer or arrange to buy, sell, or hire out an ivory item. This encompasses advertising, inviting an offer, or displaying it for sale in a shop or gallery.
• Keep an ivory item for sale or hire.
• Cause, arrange, or help someone else to buy, sell, or hire out an ivory item.
• Import or export an ivory item to or from the UK for the purpose of buying, selling, or hiring.

Essentially, any commercial activity, or activity facilitating commercial activity, involving ivory from the listed species falls under the definition of 'dealing'.

Consequences of Illegal Dealing

The penalties for dealing in items made of or containing a listed ivory species without an exemption are severe. Non-compliance can result in a maximum fine of £250,000 or up to 5 years’ imprisonment. This underscores the importance of understanding and adhering to the regulations. It's not just about direct dealing; if you facilitate someone else to deal illegally, you could also face these penalties.

When is an Exemption Required?

If you intend to 'deal' in an item containing ivory from a listed species, the general rule is that you will need to register or apply for an exemption. This applies whether you are the seller, the buyer, or involved in the transaction in any other capacity.

Selling, Hiring, Importing, or Exporting

You must register or apply for an exemption for an item made of or containing a listed ivory species:

• To sell or hire it out, whether now or at any point in the future.
• Before you import, export, or re-export it to or from the UK for the purpose of sale or hire. It's also crucial to remember that other rules, such as those concerning trade in endangered species, may also apply to your item.

Buying or Hiring an Item

As a buyer or someone hiring an item that contains ivory from a listed species, you also have a responsibility. You must ensure the item is registered or certified as exempt before you take ownership of it. It's your due diligence to check the item's legal status, as purchasing an illegally dealt item could put you at risk.

Situations Where an Exemption is NOT Needed

While the Act is broad, there are specific circumstances where an exemption is not required. These exceptions are important to recognise, as they can save you time and effort if your situation falls outside the scope of commercial dealing or specific categories.

• Qualifying Museum Transactions: If you are a qualifying museum selling or hiring out an item to another qualifying museum, no exemption is needed.
• Personal Use: If you own an item made of or containing a listed ivory species but have no intention of dealing in it commercially, you do not need an exemption. You can keep it for personal use.
• Non-Listed Species: If you are dealing in ivory from species not listed in the Ivory Act 2018 (e.g., walrus ivory), you do not need an exemption under this Act. However, be aware that other regulations may still apply to these items.
• Transactions Outside the UK: If the entire transaction takes place outside the UK, and no part of it occurs within the UK, then the Ivory Act 2018 does not apply.
• Non-Commercial Transfers: You do not need an exemption if you are not dealing in the item. This includes:
  • Giving it away as a gift.
  • Leaving it to someone in your will.
  • Lending it, provided no payment, exchange, or barter is involved.

Types of Exemptions Available

The Ivory Act 2018 provides two primary types of exemptions, each with specific criteria and application processes. Choosing the correct exemption type is crucial for a successful application.

Standard Exemptions

Standard exemptions cover a range of items that meet specific criteria, often based on age, ivory volume, or type. These are generally simpler to register for.

You can register an item under a standard exemption if it meets one of the following criteria:

• Musical Instruments: Made before 1975 with less than 20% ivory by volume.
• Pre-1947 Items: Made before 3 March 1947 with less than 10% ivory by volume, where all the ivory is integral.
• Portrait Miniatures: Made before 1918 with a total surface area of no more than 320 square centimetres.
• Sale to Qualifying Museums: Being sold or hired out to a qualifying museum.

The cost to register an item under a standard exemption is £20. It's important to note that if an item previously registered under a standard exemption is sold or hired out, it will need to be re-registered by the new owner.

Exemption Certificates (High Value Items)

An exemption certificate is for items of exceptional significance. This applies to items that are both old and possess outstanding artistic, cultural, or historic value. These applications are more involved due to the assessment process.

You can apply for an exemption certificate if both conditions apply to your item:

• It was made before 1918.
• It is of outstandingly high artistic, cultural, or historic value. This means the item will typically be a rare and important example of its type.

Applications for exemption certificates cost £250. This fee covers an initial review by the Animal and Plant Health Agency (APHA) and an assessment by an expert. Assessments typically take approximately 3 months. You cannot sell or hire out your item until you have received the exemption certificate. If an item with an existing exemption certificate is sold or hired out, you must notify APHA.

Navigating Sets and Groups of Items

The Act also accounts for situations where you might be dealing with multiple ivory items, either as a cohesive set or a collection of individual pieces. The rules for these differ slightly.

Sets

Items are considered a 'set' if all the objects were:

• Produced at the same time with the intention of being kept and used together.
• Part of the same original set (e.g., a teapot with an ivory knob that’s part of a tea set, or a knife and sheath).

You can use the online ivory service to register a set of items as a single item (cost: £20) or apply for an exemption certificate for a set of items as a single item (cost: £250).

Groups

You can register between 3 and 20 items that are not a set under a 'group registration'. A reduced registration fee applies if both of the following conditions are met:

• All items are part of the same transaction, and you are selling or hiring them out to the same person.
• Each item in the group qualifies for the same standard exemption (e.g., a group of pre-1918 portrait miniatures).

You cannot use the online ivory service for group registrations. Instead, you should email [email protected] to request an application form. You will need to specify which standard exemption you wish to register your items under. The cost for registering a group of items is £50. It is important to note that you cannot apply for an exemption certificate for a group of items.

Proving Eligibility: Essential Evidence

Regardless of the exemption you are seeking, you will need to provide robust evidence to demonstrate that your item meets the eligibility criteria. This often involves proving the item's age, the proportion of ivory it contains, and the nature of the ivory's inclusion.

Item Age Verification

For all exemptions (except selling to a qualifying museum), you must provide evidence of your item's age. Various methods can be used:

• Provenance: Evidence of the item’s origin or earliest known history. This could include original dated receipts, bills of manufacture or repair, dated catalogues, newspaper articles, or published articles with photos/descriptions. A date mark on the item itself is also strong evidence. Information known by the owner, such as inheriting the item before a relevant date, can also contribute.
• Expert Verification: A written verification of the item’s date from an expert such as an antiques specialist, a museum curator or arts specialist recognised by a relevant trade association, or someone who deals in ivory.
• Radiocarbon Dating: A scientific method to determine the age of organic material.

Assessing Percentage Volume of Ivory

If you are registering an item under the musical instrument (less than 20% ivory) or pre-1947 item (less than 10% ivory) exemptions, you must provide evidence of the ivory's percentage volume. This ensures that only items with a minimal amount of ivory, often as decorative or functional accents, qualify.

• Visual Assessment: If it's clear the ivory content is well below the allowed percentage (e.g., a large wooden table with a tiny ivory escutcheon), a visual judgement may suffice.
• Measurements and Formulae: For less obvious cases, you may need to take measurements and use a formula to calculate the volume.

For sets of objects, the percentage volume of ivory should be assessed in relation to the entire set. When assessing total volume, do not include any empty spaces within the item, such as the hollow space inside a violin. If assessing empty spaces without damaging the item is impossible, you can use knowledge about similar items. You are not required to damage items for assessment.

Ivory Inlays

For items with ivory inlay (thin pieces of ivory on the surface), you should measure the surface area of the inlays as a proportion of the total surface area of the object. Even if the inlay surface area seems high, its shallow depth might mean its percentage volume is still below the threshold. It is your responsibility to assess the likely percentage ivory volume.

Understanding Integral Ivory

For items made before 3 March 1947 with less than 10% ivory, all ivory must be integral. This means the ivory cannot be removed without difficulty, damaging the item, or preventing it from being used in its intended way. Examples include a detachable ivory knob from a measuring instrument, as its removal would impair the instrument's function. Conversely, an ivory statue temporarily mounted on a non-ivory plinth would not be considered integral.

Specifics for Portrait Miniatures

A portrait miniature is typically a portrait painted on a thin sheet of ivory, with the term referring to the technique rather than size. They were often worn or carried and incorporated into items like jewellery or snuff boxes. To qualify for this standard exemption, the item must:

• Be a portrait miniature made before 1918.
• Have a total surface area of no more than 320 square centimetres. When calculating, do not include the frame or any part covered by it.

If the portrait miniature has an ivory frame, it must be integral and original to the item. Importantly, if the item has any other ivory on it, beyond an original and integral ivory frame (e.g., a snuff box with a miniature on the lid and ivory inlays on the sides), it cannot be registered under this specific exemption. If you have multiple portrait miniatures on one item, you might need to register it as a set or group, or seek a different exemption, such as an exemption certificate if its surface area exceeds 320 sq cm but it holds high value.

Defining a Qualifying Museum

If you are registering an item under the qualifying museum exemption, the item must not consist solely of unworked (raw) ivory. The museum buying or hiring the item must be accredited by or on behalf of Arts Council England, Museums Galleries Scotland, or CyMAL (Museums, Archives and Libraries Wales). If the museum is located elsewhere, it must be a member of the International Council of Museums. As mentioned, dealing between two qualifying museums does not require a registration.

The Application Process: Step-by-Step

The process for registering an item or applying for an exemption certificate typically involves using the online ivory service, though exceptions exist for group registrations. Here's what you need to know:

Starting Your Application

Use the online ivory service to:

• Register your item or set of items (as a single item) under a standard exemption.
• Apply for an exemption certificate for your item or set of items (as a single item) if it was made before 1918 and possesses outstandingly high artistic, cultural, or historic value.

If you know your item contains ivory but are unsure of the specific species, you can proceed with registration or application at your own risk. APHA will assume the item contains one or more listed ivory species.

If you are applying on behalf of someone else, you must obtain the owner's permission and provide their name and address, your name and address, and the capacity in which you are making the application. If using the online service, you'll also need to provide your email address and, for exemption certificate applications, the owner's email address if they have one.

Costs Involved

The fees associated with the application process are as follows:

• £20 to register an item or set of items (as a single item) for a standard exemption.
• £250 to apply for an exemption certificate for an item or set of items (as a single item).
• £20 to notify APHA if you are selling or hiring out an item that already has an existing exemption certificate.

All payments are non-refundable.

Required Evidence for Submission

For each item, you must:

• Add a detailed description and explain how it meets the specific exemption criteria.
• Upload between 1 and 6 photographs. These photos must clearly show any distinguishing features, the entire item, and precisely where the ivory is located on the item.

After You've Applied: What Happens Next?

Once you've submitted your application, the process diverges slightly depending on whether you applied for a standard registration or an exemption certificate.

Standard Registration

If you've registered an item under a standard exemption, you will receive your registration by email. This email will include a unique submission reference number for each item. It is crucial to keep a record of this reference number, as you may need to show it to a new owner if you sell or hire out the item in the future.

Exemption Certificate Application

For exemption certificate applications, you will receive an email confirming that APHA has received your application. The decision on your application may take up to 3 months. Like standard registrations, you may need to show the certificate to the new owner as proof of exemption if you sell or hire it out.

Changes to Item Information

It is your responsibility to ensure the information provided to APHA remains accurate. If you become aware that any information you have given about the item is wrong or incomplete, you must contact [email protected] to amend your registration or exemption certificate. Failure to do so could result in APHA cancelling your registration or revoking your exemption certificate, especially if the item is proven not to be made of or contain ivory, and you have not informed them.

Validity After Sale or Hire

Understanding the validity of an exemption after an item changes ownership is key:

• Standard Registration: A standard registration is no longer valid once an item is sold or hired out. The new owner will typically need to re-register the item if they intend to deal with it.
• Exemption Certificate: An exemption certificate remains valid as long as the item continues to meet the exemption criteria and the information on the certificate is accurate. It is not invalidated by the item being sold or hired out. However, you must still notify APHA when such a transaction occurs.

Requesting a Replacement Exemption Certificate

If an exemption certificate has been lost, or you have been unable to obtain it from a previous owner, you can contact [email protected] to request a replacement. Include the certificate number in your email, or if unavailable, provide the name of the previous owner and a clear description of the item to help APHA locate and send you a copy.

Comparative Overview of Exemptions

To help clarify the differences between the two main types of exemptions, here's a comparative table:

Frequently Asked Questions (FAQs)

Can I sell any ivory in the UK?

No, you cannot sell just any ivory. You can only deal in items made of or containing ivory from species listed in the Ivory Act 2018 if you have a valid exemption for that specific item. Otherwise, it is illegal.

What if my item has very little ivory? Does it still need an exemption?

Yes, if the ivory is from a listed species and you intend to deal with the item, it likely still requires an exemption. However, items with a small percentage of ivory by volume (e.g., less than 10% for pre-1947 items or less than 20% for pre-1975 musical instruments) may qualify for a standard exemption, which is simpler to obtain.

Is it illegal to own an ivory item in the UK?

No, it is not illegal to own an item made of or containing ivory from a listed species for personal use. The Act primarily targets commercial dealing. You can keep it, give it as a gift, leave it in your will, or lend it without an exemption, provided no payment or exchange is involved.

How long does an exemption certificate application take to process?

An application for an exemption certificate typically takes approximately 3 months due to the expert assessment required. You cannot sell or hire out your item until the certificate is issued.

What happens if I sell an item with a standard exemption? Does the new owner need to do anything?

Yes, if an item with a standard exemption is sold or hired out, that specific registration becomes invalid. The new owner will need to re-register the item if they intend to deal with it in the future.

What if I'm unsure about the exact species of ivory in my item?

If you know your item contains ivory but are uncertain of the species, you can still proceed with registering or applying for an exemption. However, you do so at your own risk, as APHA will assume the item contains one or more listed ivory species.

Can I give an ivory item as a gift?

Yes, you can give an ivory item as a gift without needing an exemption, as long as no payment, exchange, or barter is involved in the transfer. This is considered personal use, not commercial dealing.

Navigating the UK's ivory regulations requires careful attention to detail and a thorough understanding of the Ivory Act 2018. By familiarising yourself with the definitions of 'dealing', the various exemptions, and the application processes, you can ensure compliance and contribute to the vital efforts to protect endangered species. Always ensure you have the necessary documentation before engaging in any commercial activity involving ivory.

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