Dealing in items containing ivory or made of ivory

FromYou 6cannot June 2022, it is against the law to deal in items containing or made of elephant ivory, unless they are registered as exempt or certified as exempt, under the Ivory Act 2018.

References to ivory in this guidance means ivory from an elephant.

The Act does not apply to ivory items that are owned if you have no intention to deal in them.

The Ivory Act applies throughout the whole of the United Kingdom, including in Northern Ireland.

The meaning of dealing

You are dealing in ivory if you:

• 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

You are also dealing in ivory if you cause or make it possible for someone else to deal in ivory, even if you yourself are not directly involved in buying, selling, hiring, importing or exporting an ivory item.

Throughout the service and guidance, we use ‘sell or hire out’ when we are referring to all the ways you might be ‘dealing in ivory’.

Under the ban:

• buying includes acquiring ivory for valuable consideration, such as a trade or swap with something that has value, or for a discount in a store
• selling includes disposing of ivory for valuable consideration, such as a trade or swap with something that has value, or for a discount in a store
• offering includes advertising and inviting an offer, or displaying in a shop or gallery for sale

What is an offence under the ban

It is an offence to:

• breach the ban
• cause the ban to be breached
• facilitate a breach of the ban

Causing or facilitating the ban to be breached includes doing something that helps someone else to deal illegally in ivory. For example, a dealer based in the UK might distribute over the internet a catalogue that includes an unregistered ivory item for sale. The dealer would be committing the offence of facilitating a sale whether or not the sale was to take place in the UK. Or an ivory dealer in the UK might act in a sale arrangement taking place outside the UK. In this example, the dealer would be committing the offence of causing or facilitating the sale. If the sale, or any element of it, took place in the UK then both the buyer and the seller, as well as the dealer, would also be committing an offence.

It is not illegal under the Ivory Act to sell, hire or buy ivory if all parties to the transaction and anyone involved in the transaction are outside the UK, the item is outside the UK, there is no advertising of the item in the UK and the sale takes place outside the UK. However, as some countries have made ivory dealing illegal, a sale in another country may be illegal under that country’s law.

If you sell, hire or buy through the UK, or any part of the transaction happens in the UK, the item must be registered or certified as exempt. For example, the item:

• is advertised via a website or media accessible from or available in the UK
• is displayed in a shop, gallery or exhibition in the UK as available for sale or hire
• will move into or out of the UK for purposes of sale or hire

It is the responsibility of anyone intending to be involved in a sale or purchase of an ivory item to find out if the item contains or is made of elephant ivory. If the item does contain or is made of ivory, it will be assumed to be elephant ivory unless you can prove otherwise.

If you buy an ivory item, you, as well as the seller, are responsible for checking that it can be lawfully sold or hired out. Read the guide to buy or hire an ivory item.

Exemptions for dealing in ivory

There are 5 narrow and carefully defined exemptions from the ban on dealing in ivory.

This guide explains when you must either:

• register the item under a standard exemption

• apply for an exemption certificate for a pre-1918 item that is of outstandingly high artistic, cultural or historical value

The standard exemptions are for:

• musical instruments made before 1975 with less that 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

If you consider that your item meets one of the standard exemptions, you must use the declare ivory you intend to sell or hire out service to register the item before you can deal in it.

If you consider that your item meets the exemption criteria of being pre-1918 and of outstandingly high artistic, cultural or historical value, you can use this service to apply for an exemption certificate.

CITES obligations: trade in endangered species

You must apply for a permit or certificate to import, export or re-export any living or dead plant or animal (or any of its parts) that is listed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

This includes if you move CITES specimens between Great Britain (England, Scotland and Wales) and the EU, and Great Britain and Northern Ireland.

Elephants and their ivory are listed by CITES.

Therefore, if you plan to import, export or re-export ivory, or if you plan to use an ivory specimen for commercial purposes you must check if you also need a permit to import, export or re-export a CITES specimen or if you need a commercial use certificate.

A commercial use certificate, known as an Article 10 certificate, may be required for an ivory specimen that you plan to:

• use for commercial gain in any way
• keep for sale
• offer for sale
• transport for sale
• display to the public for commercial purposes

Check if your item qualifies for exemption

If your item qualifies for exemption, you must register it or apply for and be awarded an exemption certificate before you can deal in the item.

Read the guidance for pre-1918 items that are of outstandingly high artistic, cultural or historical value to check if your item may qualify for that exemption.

If you need help deciding, if your item may qualify for exemption, use the ivory item eligibility checker.

If your item does not meet one of these exemption criteria, you must not deal in it. You can still keep it or display it for your personal use, give it away as a gift, donate it or leave it to someone in your will.

You can also lend it, provided that no payment, exchange or barter is involved.

Check if ivory has been added

Under all the exemptions, if any ivory has been added after the relevant date (1918, 1947 or 1975) it must have been taken from the elephant before 1975 and added only for the purposes of restoration.

Check if your ivory items can be considered a set

You can treat a set of objects as a single item, and register or certify as such, if both the following apply:

• all the objects were produced at the same time with the intention of being kept and used together
• all the objects you are selling or hiring out were part of the same original set

Examples include:

• a teapot with an ivory knob that is part of a tea set
• a dagger with an ivory handle that comes with a sheath

Assess age

To assess the age of an ivory item, you need to demonstrate that it was made or existed before a certain date.

You can do this by:

• getting evidence of the item’s provenance
• having its age verified by an expert
• getting it radiocarbon dated

You do not need to use all 3 of these methods to assess age.

Evidence of provenance could include:

• an original dated receipt or bill to show when it was manufactured, sold or repaired
• a dated catalogue, newspaper article or published article containing photographs or detailed descriptions of the item
• a date mark on the item
• information known by the owner or another person, for example, that the owner inherited the item before the relevant date

An expert who could provide written verification of the item’s date could include:

• a person with expertise or relevant qualifications such as an antiques specialist, museum curator or arts specialist recognised by a relevant trade association, representative body or similar organisation
• a person involved in the associated commercial use of the item if they have the relevant expertise

Assess percentage volume

To register for the ‘less than 10% by volume’ exemption or the ‘musical instrument less than 20% by volume’ exemption, you need to assess the percentage volume of your item.

To assess the percentage volume of an ivory item, you need to consider how much of the item’s total content is made from ivory. For example, a piece of furniture may be made of ivory, wood and other materials.

The percentage volume is the percentage that the ivory content makes up of the total volume of all these materials. A set of objects can be considered a single item.

You should not include any empty spaces or voids when you assess the total volume.

If you cannot find out if there are voids without damaging the item, you can use any knowledge you have about similar items. You are not expected to damage items to assess the percentage volume.

To assess the percentage volume, you can:

• judge by eye, if it is clear that the ivory content of the item is less than the percentage allowed - for example, a large piece of wooden furniture with a single small ivory plate around a keyhole (an escutcheon)
• take measurements and use a formula to work out the volume

For items with ivory inlay (thin pieces of ivory on the surface of an object), it may be difficult to work out how deep the ivory goes. You can measure the surface area of the ivory inlays as a proportion of the total surface area of the object. However, even if the ivory inlay surface area is more than 10% of the total surface area, if the inlay is shallow its percentage volume may still be less than 10% of the total item.

Some examples of common items and their ivory percentage volume:

• a standard piano with ivory keys would likely meet the ‘less than 20% volume’ condition for the musical instrument exemption - however, if the piano has any other ivory parts, other than the keys, it may not qualify so you need to measure and include all the ivory content in the assessment
• a piece of furniture with a small amount of ivory inlay would likely meet the 10% volume condition of the ‘less than 10% ivory by volume’ exemption
• a piece of ivory-handled cutlery is unlikely to meet the 10% volume condition of the ‘less than 10% ivory by volume’ exemption
• a chess set containing ivory chess pieces is unlikely to meet the 10% volume condition of the ‘less than 10% ivory by volume’ exemption

You may not be able to find out the exact percentage volume of ivory, for example, if the item is an irregular shape or if the depth of ivory inlay is difficult to determine. However, it is your responsibility to assess the item and take reasonable care to reach a conclusion about its percentage ivory volume.

Check ivory is integral to your item

For standard exemption items made before 3 March 1947 with less than 10% by volume, the item will only be exempt if all the ivory is integral. This means the ivory cannot be removed from the item without difficulty or without damaging the item.

Integral ivory includes components designed to be detachable from the item, if without that component the item could no longer function as intended. An example of integral ivory is a detachable ivory knob from a measuring instrument.

Integral ivory would not include an ivory statue that has been temporarily mounted on a plinth.

Assess the surface area for portrait miniatures

Formulae for calculating the surface area of different shapes, such as squares and circles, are widely available. You can use these to help you calculate the surface area of your item.

If the area is calculated in square inches, you can convert this into square centimetres by multiplying it by 6.45.

When you assess the surface area of the portrait miniature, you should not include the frame or the part covered by the frame. You can consider an ivory frame to be a part of a portrait miniature, and register it as a single item, if it is integral to the portrait miniature and also pre-1918.

Qualifying museums exemption

This exemption applies to selling or hiring ivory items to qualifying museums.

The museum buying or hiring the item must be a member of the International Council of Museums or accredited by or on behalf of one of the following:

• Arts Council England
• Scottish Ministers
• Northern Ireland Museums Council
• the Welsh Government

More information can be found within the Arts Council’s list of Accredited Museums.

If the item is owned by a qualifying museum and is being acquired by another qualifying museum, the item does not need to be registered or certified before being sold or hired.

If the item is being sold or hired out to a qualifying museum by anyone other than a qualifying museum, it must be registered.

Register an item under a standard exemption

To register an item under a standard exemption you must:

1. Add up to 6 photos of the item. You must include a photo of the whole item and any distinguishing features, including where the ivory is.
2. Describe the item and how it meets the exemption criteria.
3. Provide contact details.
4. Declare that the item in your opinion meets the relevant exemption criteria.
5. Pay an administration fee of £20.

If the Animal and Plant Health Agency (APHA) believes the item does not meet the exemption criteria, it can cancel or revoke the registration. You will be notified of any cancellation or revocation.

Each time an item is sold or hired out under the standard exemptions, the owner or applicant will need to make a new registration and pay the registration fee.

You can register multiple items under a standard exemption and pay a reduced administration fee, if all the following apply:

• you’re selling or hiring out 3 or more items up to a maximum of 20 items
• all the items form part of the same transaction, being sold or hired out to the same person
• each item in the group individually meets the same exemption, for example, a group of pre-1918 portrait miniatures

The cost of registering a group of items is £50.

If you have a group of items that you think meet this set of criteria, you need to email ivoryact@apha.gov.uk for an application form. State in your email which exemption you plan to apply under.

Register an item or apply for an exemption certificate on someone else’s behalf

You can register an item or apply for an exemption certificate on someone else’s behalf.

You need the owner’s permission, and you will need to provide their name and address. You should also provide the owner’s email address if it’s available.

What you can do with ivory that is not exempt

If you own ivory that you have not registered or certified, you cannot sell or hire it out under any circumstances.

If you are involved in arranging or facilitating an illegal sale, purchase or hire, you will be committing an offence under the Ivory Act 2018.

If you own ivory that is not exempt, you are legally allowed to:

• keep it for personal use
• give it away as a gift
• leave it to someone in your will
• lend it, provided that no payment, exchange or barter is involved

If you started a transaction before 6 June

There was a transition period for transactions in ivory items that started before 6 June.

If you started a transaction before 6 June you had until 3 July to complete it, without needing to register or apply for an exemption certificate.

If your transaction was not completed by 3 July, you needed to pause it and either:

• register or apply for an exemption certificate for items that meet the exemption criteria
• cancel the transaction entirely

You could not continue your transaction until you had a registration or exemption certificate.