Ivory Act 2018
The Ivory act covers ivory items of all ages, not just those produced after a certain date. By covering ivory items of all ages and adopting narrow exemptions, the UK’s ban will be one of the toughest in the world. The maximum penalty for breaching the ban will be an unlimited fine or up to five years in jail.
The exemptions include:
- Items made before 1947 which comprise of less than ten per cent ivory by volume. The ivory must be integral to the item as a whole, i.e. removing it would be difficult or damage the item.
- Musical instruments with less than 20 per cent ivory content which were made prior to 1975. This is when Asian elephants were added to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
- Portrait miniatures painted on thin slivers of ivory made before 1918 with a surface area of no more than 320cm2.
- Rarest and most important items of artistic, cultural or historic significance made prior to 1918. 'Such items will be subject to the advice of specialists at institutions such as the UK’s most prestigious museums'.
- Commercial activities to, and between, museums which are accredited by the Arts Council England, Welsh Government, Museums and Galleries Scotland or the Northern Ireland Museums Council. Museums outside the UK must be accredited by the International Council of Museums .
On 4 July 2018, the Government announced that it will consult on extending the scope of the Ivory Bill. Items made from animals listed as 'vulnerable' to extinction on the International Union for Conservation of Nature Red List of Threatened Species, may be included in the Bill following the consultation. An amendment to the Bill has also been brought forward to include ivory from all animals, not just those protected by CITES.
The purpose of the ivory Act is to prohibit commercial activities concerning ivory in the UK and the import and re-export of ivory for commercial purposes to and from the UK. This includes intra-EU trade to and from the UK.
We have partnered with Border Force on an initiative to responsibly remove ivory and other endangered species items from circulation. Participation in the scheme demonstrates your support for various initiatives to preserve endangered wildlife.
Representing our members
In October 2017, the Department for Environment, Food & Rural Affairs (Defra) opened a consultation seeking views on banning UK sales of Ivory and evidence of the effect a change could have. There were more than 70,000 responses to the consultation, with over 88 per cent of responses in favour of the ban.
In our response, to the Department for Environment, Food and Rural Affairs consultation on Banning UK Sales of Ivory, we outlined that the Government should focus on enforcing and closing any loopholes in the current legislation instead of a total ban on ivory.
The UK Government will be using information provided by findings of the Department for Environment, Food & Rural Affairs (Defra) consultation to bring forward secondary legislation to implement the Ivory Act 2018.
The Court of Appeal has upheld the decision of the High Court that the Ivory Act 2018 which prohibits ivory dealing with very limited exceptions is lawful and does not contain unlawful trading restrictions.
Antique dealers have failed to overturn a total ban on ivory trading being introduced by the Government after the high court ruled the legislation did not breach European law.
On 14 October 2019, new legislation was announced in the Queen’s speech to protect the welfare of animals [Animal Welfare (Sentencing) Bill], which includes banning imports from trophy hunting.
Propertymark has five unique fact sheets covering everything you need to know about the Ivory Act, including exemptions, and enforcement. The Act received Royal Assent on 20 December 2018. DEFRA expects the legislation to come into force in late 2019.
A prominent Chinese buisnesswoman, dubbed the 'Ivory Queen', has been sentenced to 15 years in jail this week, after being found guilty of smuggling hundreds of elephant tusks.